Foolio Murder Trial ‘Nothing Can Save Them’ in Final Argument

Added: 2026-05-15

[00:00:00]Mr. Gath put two 5.56 round NATO bullets into Charles Jones's body. This is enough premeditation to convict a thousand people of first-degree premeditated murder. Talk about coldblade. They are talking to him about a murder. And he's in there throwing gang signs when they leave him alone.

[00:00:14]He's described as calm, well-mannered, and non-confrontational. Well, he was certainly calm when he was loading that Impala, and he was calm when he was executing this murder along with his co-conspirators.

[00:00:23]>> He's not >> calm to the point of ice water in his veins. With that type of accuracy he was displaying with that rifle, we've heard enough. This is well beyond a reasonable doubt. When is it going to end? When is this evidence going to end? It just keeps coming and this guy's bragging >> that you sentence each of them to death knowing that it is the just and it is the right sentence in this case.

[00:00:40]>> In day four of the penalty phase in the Fio murder trial, the death penalty specialist Scott Harmon puts the nail in the coffin. Scott Harmon goes through all the mitigation factors the defense presented and argues why they don't outweigh the aggravating factors. This guy is so good at his job. It is very dark the way he words everything. Hit subscribe. Let's go. They sit over here and they are convicted because last week 12 of you went back there and you came back with a just and a true verdict convicting them and they sit there in their guilt. They are convicted convicted conspirators, convicted killers. They are convicted murderers.

[00:01:13]There is no doubt about that. What this is about is an entirely different thing.

[00:01:17]What you're here to decide today and going into tomorrow is what is the appropriate sentence for these defendants of planning and acting as a team and a concerted effort with one common goal. Murder, the most evil and the most wicked crime that there is, the taking of another human life. I doubt any of you had any issue back there determining when you were deliberating that this was a premeditated crime. You would not have convicted them of conspiracy because you can't conspire.

[00:01:41]You can't have four people conspiring without premeditation. Was there premeditation in this case? Yes. But there was much, much more than just simple premeditation. These defendants in this case did this for over two weeks at least, making decisions, solving problems, working through their plan.

[00:01:59]This is much more than simple premeditation. These four defendants by June 6, the evidence tells us, had already planned, had already conspired, were already teaming up to snatch Charles Jones life from him. the ex spaces discussion that was going on between Isaiah Chance.

[00:02:15]>> I I'm gonna be shaking my head this whole video. Like it it's all so stupid what they did, bro.

[00:02:19]>> And what happens after that communication between them? Sean Gather's phone has communication from his codefendant Rashad Murphy's phone at approximately 11:18 hours. And shortly after that recording was obtained by the Jacksonville Sheriff's Office at 2236 hours. Isaiah Chance arguing arguing with Charles Jones. You remember his words? Hey Julio, how's your foot doing?

[00:02:39]Make sure this is out of Rashad Murphy's mouth. Make sure bra in a good head space. If >> you're new to my channel, hit subscribe right now. I upload constantly. Back to video, guys.

[00:02:46]>> Before he go with his move, we got bigger [ __ ] to tend to. They ain't worth inward energy right now. That's directed at who? That's directed at his teammate.

[00:02:54]And what does Mr. Gathight do? 17 days before this murder happens. He likes that. He likes it. And then he replies, "I ain't heard from bro today, but I'mma check in with him." And then Rashad Murphy texts back. He probably not going to pick up. He on IG letting these nwords get him out of character. turned up on that MF right now and then Mr. Gath, right? Damn. All right, let me see what's up. So, what does that tell us?

[00:03:15]That tells us that the plan was already in place.

[00:03:18]>> That is what the evidence says. They were already planning at this point.

[00:03:20]Everything was in motion >> more than 17 days before this plan had been birthed, hatched, and formulated before June 6. Before June 6th, they were going to take out six. And they were going to take out whoever might be there that might be in six because why not? And anyone else standing around, anyone else that might get in the way, well, that's just collateral damage. Why is the state going back through the facts with you? Because in the aggravating factors that you're going to be instructed on in this case, we are relying on that evidence. We are relying, as you saw, solely on our evidence from the guilt phase of this trial. Now, we did present some evidence. That evidence goes to rebut their suggestions of mental health mitigation, which you have seen have completely been rebutted.

[00:04:00]>> The brain scan testimony with the dude said, "You're completely wrong." to the defense lawyer was rough. It is because of the extremely heightened level of premeditation in this case that the state the state excuse me is presenting you with the aggravating factor one that the law speaks to of very cold-blooded murders. The aggravating factor of cold, calculated and premeditated. That this murder was committed in a cold, calculated and premeditated manner without any pretense of moral justification. That is the aggravating factor. Mr. Murphy with his fully automatic block. It's very rare, folks, that an execution is caught on video like this.

[00:04:35]>> Rashad with the Glock switch. Sean Guthright with the AR.

[00:04:38]>> Look at the teamwork. Look at the precision. Look at the efficiency.

[00:04:41]>> DaVon up there.

[00:04:43]>> That evidence alone standing alone without the X spaces evidence without the Airbnb evidence of no one going through the front door. Without all the other evidence, the evidence of Mr. Chance of Mr. Gath.

[00:04:54]>> I just jump scared y'all with David. I got pictures.

[00:04:57]>> Cooly calmly business-like loading up that Impala. Without any of that evidence, you could look at this alone and your common sense would be screaming at you that this is the product, this type of murder, it's the product of heightened premeditation. That doesn't happen without conspiratorial premeditation planning, wearing disguises to cover their identities. And not just disguises, folks. They're wearing all black to hide in the darkness, to hide their skin, to hide their faces. They're wearing hoodies. These are disguises.

[00:05:25]These are items that they brought with them as part of this plan. This alone, this evidence and the efficiency, the positioning demonstrates the premeditation and the planning that went into this. And this evidence alone would be sufficient evidence beyond any doubt that this was a product of heightened, cold, calculated premeditated premeditation. This is a fully formed, committed mission that they are on that is immediately executed as soon as the opportunity presents itself. They come out of the shadows where they're hiding.

[00:05:49]And we saw Mr. Davon Murphy who snuck down behind those cars. And you heard me asking these forensic experts, isn't that significant that he did that? that he had the mindset and cognitive ability to hide behind the cars to avoid being detected by a very wary victim. Someone who had had his life almost taken nine months before in an attempted murder that Mr. Gathright is connected to by physical scientific evidence. A very wary prey.

[00:06:11]>> That's right. People, there's no way you can feel bad for Shawn. Like, he spun the block. He shot Fio twice. Once in the foot, then nine months later, and he's connected to another unrelated murder, and he was in a shooting in Mississippi. Like, you can't feel bad for Shawn, bro.

[00:06:24]>> How Mr. Gather continued in a persistent fashion, chasing after the charger, pumping rounds into it, and then we didn't even get to following down behind the cars and unloading down the west side of the hotel. So, this is the aggravator. The first-degree murder was committed in a cold, calculated, premeditated manner without any pretense of moral or legal justification. Cold means the murder was the product, calm, and cool reflection. Calculated means having a careful plan, a plan that is carefully constructed.

[00:06:49]>> He's gone through all the aggravating factors.

[00:06:51]>> So, what does this mean? It simply means that there is no claim of justification or excuse even if it was insufficient to reduce the degree of the murder that it would rebut the otherwise cold calculated or premeditated nature of this murder. Folks, there is no way to rebut the premeditated nature of this murder. There's just simply no way.

[00:07:05]There's way too much evidence of it. It is part of this. It's part and parcel of what we watched on that video. You cannot separate the two. To commit that type of crime would be impossible on the spur of the moment. That crime doesn't just speak of a lack of impulsivity.

[00:07:17]Remember hearing that term earlier in the last day or two? It doesn't just speak of a lack of impulsivity. It screams that this was extremely planned.

[00:07:25]That this was a designed mission. Just >> Sorry, bro. You got to like look like you care a little bit when the jury's deciding if you're going to get the death penalty.

[00:07:36]>> Investigative efforts of the Tampa Police Department and the Jacksonville Sheriff's Office in this case. Mr. Murphy obtains the Chevy Cruz, the silver Chevy Cruz. That's his first part of the contribution to this case. the car that's utilized as surveillance and as a spotter car, a car that's outside of the circle. Then Mr. Murphy on his Airbnb account, sending his ID and reserving that Airbnb. And now we see the teamwork coming in right around the same time within minutes. You remember in the evidence, Isaiah Chance receiving a $390 payment from another gang member, an ATK gang member, J Breezy sent to his Mr. Rich off-war cash app. And that payment is made to Airbnb. It's paid.

[00:08:10]>> Just like I said in the past, I'd be terrified of a Rico if I was these guys.

[00:08:13]Man, >> if the video of the murder itself doesn't establish how premeditated and planned, we need only look at this video. Because even if you got rid of the X spaces discussions and you didn't have the earlier in the morning paying of an Airbnb and you have these two defendants, Mr. Gathright and Mr. Chance, businessike, look at them. Look at the confidence that Mr. Gather carries with them. This is they could very well have been packing to go on a cruise or something and they are packing up that Impala with high-powered rifles, with ammunition, with disguises, the things, the tools they would need to carry out this mission.

[00:08:44]That's in the afternoon. That is hours, 20 hours or so before the murder happens. And then when they get to Tampa and they have to drive, remember, because this conspiracy now is traveling from Jacksonville down here to Tampa, they have to travel for three hours to get down here. And they're coordinating.

[00:09:00]We saw that in the LPR that both these cars are following and coordinating again showing advanced planning. But when they get here, we see this realtime demonstration of premeditation on the part of Mr. Gite. Man, you know, I want it myself. If I could, I would have had it so many hoes there. I know somebody can get it from them. Get the B&B for me, gang. They're all trying to find the Airbnb. And then after the run to the McDonald's, they get provisions for this assault team.

[00:09:25]>> Provisions fueling up on some McDonald's, baby. all have a dinner, a late night dinner to make sure they got enough energy. They start coordinating.

[00:09:33]And remember in the evidence by this point, these two defendants, Mr. Gathright and Mr. Chance, they've already gone down to teasers. They've already cased teasers. They've already checked it out to get the lay of the land. They start coordinating. Mr. Chance is not using his phone because he's going to use his girlfriend's phone. He doesn't want to use his phone.

[00:09:48]He doesn't want to be tracked and he doesn't want to be connected. So, they start sharing information. Mr. Gatright stores Miss Andrew's phone's information and his phone and a contact. they start um sharing locations with each other.

[00:09:58]Now we're up to 208. They're still communicating with each other, coordinating. We see the coordination.

[00:10:03]We see Mr. Chance and his contributions starting here in the actual pursuit and the stalking and the hunting of Charles Jones. He's at teasers. As Miss Dhy told you, he's wearing a hoodie. He's wearing a co mask. He's using his girlfriend as kind of a decoy or camouflage so that he's not standing around in the middle of the summer wearing a hoodie and a mask looking suspicious. It's just a young couple walking around in the parking lot and they are there and they're observing Charles Jones and his friends as they're at teasers still communicating. Now they're trying to get Gathight to pick up his phone maybe trying to FaceTime him which we learned in the evidence is not collected in CDRs call detail records and they're telling him pick up your effing phone more coordination through the time that Mr. um Jones is leaving and now he and his entourage have gone to Truth 18.

[00:10:46]>> I feel like that's got to change one day, right? where at some point FaceTime records are going to have to be kept. It happened in the Weissell trial where apparently they were going on FaceTime before murdering someone. Well, actually, they were found not guilty of that, so I can't say that. But >> they're at truth 18 and they're getting ready to leave from there. And more coordination because I know you all have concerns about Mr. Gathright. He was 18 years old. The states never hid from that fact. Is that a mitigating factor?

[00:11:09]You're absolutely. It's a mitigating factor and it's up to each of you to decide how much weight you want to give that. But we need to look at what Mr. Gathight did and we need to look at how he conducted himself in this early morning. Well past loading that Impala.

[00:11:20]That's Mr. Gath driving that Impala. And you remember the assault team never would have been able to find that hotel if Mr. Chance and Miss Andrews hadn't followed the victims, stayed just enough far enough behind and tailing them so they weren't detected but able to see where they were going and relay that because Mr. Gathight coordinating with his co-conspirator in this extremely premeditated plot went directly to where the victim and his entourage had already gone. They had already pulled into the home to suites when Mr. Gathight was nowhere to be seen. Mr. Gaththright immediately navigates that Impala around the north end of that hotel, passing all all of those cars in that parking lot.

[00:11:53]Now, what we see in these photographs is Mr. Gathright navigating that car and making sure to do a three-point turn so he doesn't reveal their presence in his car that they have hidden that they have hidden. If you go back to Truth 18, which I kind of skipped over, you remember Mr. Chance, the surveillance team. He gets out with Miss Andrews because they're just a young couple and they can get closer and make closer observation and give that intelligence to the strike team, the hit team. Mr. Gather's driving the Impala. He parks across the street or parks, I'm I'm sorry, right next to the strip mall where Truth 18 is. But as they're getting ready to leave and they're getting information that he must have been receiving, Mr. Gather repositions across the street and pulls up to that stop sign. And one thing you may have seen in the evidence, he stops and then he creeps forward so that he can see around that corner and see the entourage and see the victim's car. You heard Detective Ramos.

[00:12:39]>> This [ __ ] truly, it really is disturbing. They were hunting him. Some sick [ __ ] >> Detective who did this incredible job and sat on the stand as a true encyclopedia of this case telling you it is his opinion they were getting ready to possibly try an assault or to follow.

[00:12:51]But he gets there and he's also now part of the surveillance and he's staging waiting here in the hotel parking lot.

[00:12:57]He is taking the precautions. He goes down and then he turns the car around and comes back without going around that corner and breaking a plane where they could be seen. He goes up around the corner. There he goes past the Tesla.

[00:13:06]They park and then you have to think there's no way they were driving around Tampa and June with hoodies and masks over their face for 4 hours.

[00:13:15]>> Sean Rashad >> get their hoodies on, pull these masks or gators or whatever they're using to cover their faces. Mr. Kathright has to retrieve that AR-15 and now he's handling it and they're running and they're acting as a team. These three individuals that are the assault team and as I said Rashad Murphy or DaVon Murphy with his ski mask on with only eyehole showing with the 300 blackout crouched down making himself unobtrusive trying to make sure that they conceal their presence because this was all predicated and designed around an ambush. And you remember the state telling you in opening statements that they brought fire supremacy. That was part of the plan. That was part of this to bring overwhelming firepower to this situation because they weren't going to let Charles Jones get away. Not this time. Not this time. They were going to take him. He was not going back to Jacksonville. He was going to stay here in Tampa. So, they bring three shooters with high-powered rifles and all of this firepower, no hesitation, that they were sitting in front of a hotel with a packed parking lot. Mr. Gathight's use of the Airbnb app and the VBO app and that search alone, that alone, I'm going to come back to that in a few minutes.

[00:14:14]>> That it really is the most one of the most disturbing pieces of evidence >> is an overwhelming load of decision and problem solving, decision-m, but think of all the decisions they had to make.

[00:14:23]Mr. Murphy had to try to coordinate Mr. sister Rashad Murphy to get that cruise.

[00:14:26]He had to talk to his sister or his uh brother's um mother of his brother's children and he had to coordinate with her because someone had to go get the car. Either he had to go pick it up or she had to bring it to him. Every one of these steps required multiple smaller steps and multiple decisions and problem solving. Well, can you drop it off?

[00:14:39]We'll drive you back or can I pick it up from you and then he's got to get someone to drop him off and we know he's driving it when he goes to the Walmart and someone there is driving it and they come and pick him up when he comes out of the Walmart the night before. That alone just shows another example of the problem solving, the decision- making, and then the back and forth with Airbnb and booking the Airbnb and finding an Airbnb that just happens to be two miles from Teasers and ends up being almost a mile and a third, just over a mile from the murder scene, but in that same area right there around Bush Gardens. He ain't stuttering once, dude. I mean, look at this frame. I'm going have to blur the gun, but that's Rashad with his gun right here. Glock switch pointing right at the windshield. And the windshield has its first impact.

[00:15:18]Now, we're seeing impacts to the driver's side, and you can see the glass spring upwards from the impacts through that um automobile windshield glass.

[00:15:28]And we know Kami Bentley is in that car on the right, the Ultima. She's already got her foot on the brake. And watch when her car starts to move. First impact, second impact. And we know she takes the two rounds to the back of that car. Is efficiency. This is overwhelming firepower. So, Mr. Murphy, Rashad Murphy, has stuck his head around the corner and looked and the way that he and Mr. Gatheright coordinate, it's almost as if they did a countdown like a 321 or something.

[00:15:51]>> It is cuz they both sprint around the corner at the exact same time. It's almost like they went 3 2 1 go. Like it it is. He's not wrong.

[00:15:59]>> And they take up their firing positions quickly, efficiently, which shows heightened premeditation. And they're acting immediately. Watch Mr. Gatright.

[00:16:05]He will not even be in a standing position before he's opening fire. He is running into his position and starting the fire when his feet are moving.

[00:16:11]That's how quickly they wanted to put rounds before anyone could react to them. He's already firing. It's still moving at that point, but look where he's pointing. He's pointing towards the charger. And then you see his muzzle swing to the right.

[00:16:25]Right there. He's making an intentional decision to redirect his fire after he has put two rounds through the windshield of that Charger. And now he's redirecting to the Ultima, which they thought Ta McCrae was driving, a six block member. Look at the p purposeful intentional behavior of Mr. Gath right here before Mr. Murphy appears up here to Devon.

[00:16:45]This perfect coordinated attack. He gets hit by he runs into the tree, almost falls down, turns, continues to fire rounds into that car. Now they're both firing into it. Almost perfect timing.

[00:16:55]And now Mr. Gadrite is still firing. And look at where he's firing. He's firing to the northn northwest towards that charger. But just look at the tenacity.

[00:17:04]That is purpose-driven behavior. This was something that had been in their hearts and minds. is the point I'm trying to make. For weeks, for days to murder someone, to take someone's life, and you see this overwhelming firepower, there was no consideration for anyone else in that area. None whatsoever.

[00:17:19]>> Imagine what he thinking right now, bro.

[00:17:21]Someone compared him to Drake in the chat earlier, and I chuckled a little bit.

[00:17:24]>> They hit some six block members, that's all the better. Can anyone who else? And this is another thing when they're coming out of teasers or Truth 18. Mr. Cather's sitting over there at the stop sign. He sees the size of that entourage. He sees how many people are involved. He knows how many people are in those cars. Mr. Or pointed this out to you. Look at the accuracy of those rounds into the headrests. Both headrests taking rounds. Sean Gathight shooting an AR-15 chambered in 5.56 NATO. What caliber were the two rounds pulled out of Charles Jones body? Well, the one round, what was its caliber? It was a 22 caliber class 5mm class, which 5.56 round could not they could not figure out the caliber. Miss Drew couldn't, but she could tell you they had consistent rifling and they appeared to be the same from the same type of rifling.

[00:18:02]>> So, yeah, Shawn was the one that actually shot and killed Fio.

[00:18:05]>> Mr. Deathright put two 5.56 round NATO bullets into Charles Jones body. We don't know about the other bullet to the chest. That could have been from Rashad Murphy and it would make sense. Look at him crouching down hurriedly getting into place, running behind those cars.

[00:18:18]>> I'm not laughing at I'm laughing at the way he runs, bro. He is so unathletic >> staying in his hiding place. You remember in his area where he cannot be seen because he doesn't want to reveal that he's there. They may try to go somewhere else. They want them to go that direction. They want them to go into that area and they don't want them to flee or have a chance to get away.

[00:18:34]Again, coming back, Mr. Murphy's tenacity, purpose-driven behavior, he's not giving up. He's not going to stop and then quickly back to the car. Does that speak to you as someone who has a cognitive impairment? Rashad Murphy running back to the car. The image on the right, if you look at the uh direction of his head, he's looking towards the fleeing car. His direction is towards Charles Jones Charger. And you can see in this image, he's now moved slightly forward, and he's still looking in that direction. They finally get back to Jacksonville the next day and for the first time in all the evidence, the ghost is revealed. Rashad Murphy in person showing up.

[00:19:07]>> Heed up so bad getting in this Uber and getting on camera here cuz if it wasn't for that, he wouldn't be on camera anywhere without his uh face showing.

[00:19:14]Oh, wait, never mind. Walmart. He's on camera in Walmart with the same outfit.

[00:19:18]This guy is so stupid. God Murphy who tried to conceal to try to protect the conspiracy 17 days before when Isaiah Chance was talking to the victim and arguing with him trying to get him to stop. You don't want to give us up. You don't want them to know what we're up to. You don't want to give them advanced notice that something might happen. The ghost who never appears on the ring camera at the Airbnb of Tampa. That takes thoughtful deliberate action in and of itself. None of these defendants appear on that ring camera on the 22nd when they get there. They're going in and out of that um Airbnb as Mr. Dhy told you. All through that evening, Chance and um Gatrite are going down to case the teasers earlier in the evening.

[00:19:52]They're leaving to go. Chance is going with his girlfriend and Mr. DaVon Murphy up to the McDonald's. They get food and they never appear until after everything is done. Before I move away from the cold calculated premeditated, I want to move back to Isaiah Chance and just kind of cover some of his involvement in this case. We talked about this. He's the one that actually pays through J. Breezy's contributions for the Airbnb. He provides the Glock with the extended magazine that is utilized by Rashad Murphy in the attack. He helps load the Impala. Now we see the photographs of him on the left at teasers on the right at Truth 18 with Miss Andrews providing the essential critical on the ground real-time intelligence and reconnaissance back to the assault team.

[00:20:28]>> I can't explain how lucky Alicia got.

[00:20:30]She knew what was up. I don't know how people think otherwise. She takes a trip with an assault team and track someone around in a car with her boyfriend who has a hoodie and a mask on. She has a mask on. They don't go in any clubs. She knew what was up, bro. She got so lucky on the again 10 or 15 years. Well, she hasn't been sentenced yet and she might get another trial for manslaughter. But >> that's right, would have been able to find where the victim went unless he was right on their tail revealing himself.

[00:20:53]The only way he knew to do it was because Mr. Chance told him. And when they needed him to come in for last second reconnaissance, remember how fast after he had staged across the street at the embassy suites area at USF, he comes flying back across Fowler, blows that red light, and pulls right in and drives right past the victim in the car that they all know is not going to be recognized. That's why Mr. Rashad Murphy had to solve that problem and go get that car. And now Mr. Chance is providing last minute, last literally last second intelligence to the assault team. So he drives in, drives past, goes around the corner, encounters the Impala, goes right past it, does that three-point turn, and then he comes back. That didn't happen for no reason.

[00:21:29]That was a coordinated effort. And without Mr. Chance's information and intelligence to them, they wouldn't have known for a fact where um Charles Jones was sitting. If you look at the passenger side of that Charger, you can see Mr. Jones red and white socks sitting up there on the dashboard moving back and forth. When you're considering Mr. Chance and Mr. Gathight, you need to consider their contributions to this murder and their role they played in this murder. Without these two defendants, this never ever would have happened. It never would have happened without Mr. Chance providing that real-time intelligence. They would not have been able to track Charles Jones.

[00:22:00]They would not have been able to orchestrate this attack. Mr. Gathight, we know that the attack, this whole thing that day starts where? It starts at the Gatrite household. In the Gathright household out in the suburbs in Jacksonville, we see this extremely confident defendant, Mr. Gathight, loaded for bear, loading up his car as if they're going on a vacation, just as casual as could be without a care. He and Mr. Chance are discussing how they're going to load it, where they're going to put the items, more problem solving, more decision-m back and forth.

[00:22:28]And of course, we know from the evidence from the search warrant that was conducted at the Gathight residence that Mr. Gathight was the armorer of this assault team. He provided the armament that was utilized, this weapon being utilized by DaVon Murphy.

[00:22:41]That rifle being utilized by Mr. Gathide and you heard in the evidence from the very compelling testimony of Officer De Jesus that that rifle was being utilized with a high level of skill, the sling that was attached to it being utilized to stabilize the rifle. And we saw its effect. Two rounds right next to each other and Charles Jones back fired by this 18-year-old at the time defendant right through the windshield. and then the two wellplaced parallel rounds right through the back window. Back in October of 23 in the first attack on Charles Jones, they were able to match shell casings from that scene to the shell casings found when these officers stopped Mr. Gathight, those shell casings. And of course, Mr. Gatheright provided ammunition as well as the rifles. So, I want to talk to you about this. I don't have audio on this, but I just want you to watch for a few minutes what is occurring in this screen recorded video on his iCloud >> showing the jury this 8:30. That's a work day before the murder happens.

[00:23:30]That's 8 hours before the murder happens. And we know that this defendant, look at the problem solving right there in real time in that evidence, the decision making going on from, as Raul Bosco told us, a very mature, a very mature defendant who can take care of himself. Look at him going through. And then we're going to see him start using the multiple filters. A property on the water, a property with this many rooms, a property that has a pool, a property with a barbecue, trying to figure this out. This evidence in and of itself is overwhelming premeditation.

[00:24:00]>> This is the evidence right here. This type of [ __ ] that could get him the death melody because he truly was hunting and trying to figure out his location 8 hours before the murder.

[00:24:09]>> And it goes on, you remember in the trial when we played this for you. This goes on for minutes and minutes and minutes of tenacious, goaloriented, purpose-driven behavior by this defendant. And what was the whole purpose of this? Was he looking for an Airbnb? Was he looking to rent a property? Was he doing anything of any kind of productivity? No. He's trying to find their prey. He's trying to find Charles Jones, their target.

[00:24:29]>> I still understand why he screen recorded this and he got rid of his phone after. Did he think it didn't get backed up? Like he had backup to iCloud and didn't know it cuz that's how they found this. They never found any phones.

[00:24:39]Well, they found Rashad's but not Sean's.

[00:24:41]>> Trying to find him. Actively trying to find him. That phone's not moving itself. That's his fingers doing that.

[00:24:47]When you're considering the weight of this aggravating factor and you're comparing it and weighing it against a significant mitigator that he was 18, this is what you need to look at when you're assessing the value and quality that this was a cold, calculated and premeditated murder. And remember your considerations are to each individual defendant as far as their sentence. It's an individual sentence, but because this is conspiracy, because they acted as a deem, a lot of this evidence, you got to look at it as a whole. You got to look at it as a whole. Every one of them, this cold calculated premeditated aggravator applies to each of them. This alone, this is enough premeditation to convict a thousand people of first-degree premeditated murder >> to convict a thousand people.

[00:25:24]>> Now, he's going to utilize a technique, a honeypot. He's going to use a honeypot technique. If you've ever heard of that term, a honeypot, a lure. He's going to try to lure and get that information by luring it out of someone by using this pretty young girl, Kyla, who unbelievably goes along with this. I need you to text fat boy. We never know who fat boy is. It's probably Xavier Edwards. as I need you to text fat boy telling you you're trying to pull up about trying to see him tonight. He know I'm gone. I've been um facetiming him while I'm out. She doesn't really understand at first. He in Tampa right now. Make it seem like you know he's there. He had a B&B with six. Be like um what's wa >> where you at? I want to pull up. I'm drunk and trying to f Never mind. Then she says we at tier the club because she's not following. You want to come to the B&B with us? Because she's not understanding. No, I'm in Tampa. I'm trying to see where his B&B at. Who B&B?

[00:26:14]Six fools. It's his Bday in Fatboy. Not here in Jacksonville. No, they in Tampa.

[00:26:19]What? She still doesn't understand. But that doesn't stop him. He persists. Play like you know it. Face fat boy going to Beasers tonight or some [ __ ] like that.

[00:26:27]Clearly, this defendant was persistent that night and tenacious in his attempt to locate Charles Jones, >> the >> And then we know um that in addition to all of this effort and involvement in this case because folks, the evidence in this case shows there is no defendant sitting over here. There is no defendant in this case who did more to orchestrate this murder than Mr. Gath. They may be as involved in him, but nobody exceeds his culpability in this murder. He adds and provides the car for the assault team, the Impala.

[00:26:58]He drives all the way down there and takes the entire intelligence and surveillance team with him. We talked about this, how he drove around the parking lot, how he maneuvered, how he maneuvered and kept the assault team from being detected. That's on that defendant's shoulders in this cold, calculated premeditated murder. And where does this whole thing end? Back at the Gthright residence in the suburbs in Jacksonville. Now, he's not there.

[00:27:22]No, this defendant's not there. He's over in Auburndale in Pulk County dropping the Impala off with his unsuspecting grandmother, leaving it with his grandmother, and then driving off in a for her 4Erunner now loaded with all of that ammunition and all that other evidence. This evidence alone and this aggravating factor alone if we had no other aggravating factor would justify a sentence of death for each one of these defendants standing alone.

[00:27:46]standing alone. It would justify a sentence of death because this is a boatload a boatload of premed premeditation. This is, like I said, it's enough premeditation to convict thousands of men. There could have been 40 people participating that each had just a little chunk of this two weeks, more than two weeks of premeditation, and they all could have been convicted as principles of first-degree murder.

[00:28:05]>> There's a reason why this guy is the death penalty specialist, dude. These guys all might get the death penalty.

[00:28:10]That's the way I'm thinking right now.

[00:28:11]Holy [ __ ] And this evidence, as you saw, >> I thought there was a chance for Isaiah because he's not a trigger man, but he making me think he can get it right now.

[00:28:18]>> Trial because we kept bringing it, didn't we? All the way up to the end.

[00:28:22]All the way up to the end. More and more and more evidence. More and more evidence. In football, it's called piling on. And when we have the burden to prove, which we should have the burden of proof because we're the government and we are here asking you to convict them of something, then we need to prove it beyond a reasonable doubt.

[00:28:37]But like I told you in my opening statements, we're going to prove this to you beyond any doubt. There's zero doubt in this case that they committed premeditated murder. And I'm very confident that every one of you found that when you went back there to deliberate. This aggravating factor, it stands on a substantial volume of premeditation of evidence of premeditation of heightened premeditation. This aggravating circumstance alone justifies a sentence of death. This aggravating factor alone and its evil and its wicked nature outweighs any of the suggested mitigation for any of these defendants.

[00:29:05]They conspired. They premeditated as a team and it applies to each one of them.

[00:29:09]this aggravator that either Rashad Murphy or Shawn Gaffright or DaVon Murphy was contemporaneously convicted of a felony involving the use or threat of violence to another person. You can take out the previously part. That's another way of proving that they were convicted of a contemporaneous violent felony when you all came back here with that just verdict finding them um these three defendants guilty each guilty each of three counts not one but three counts of attempted seconddegree murder. And that's exactly what they did. Attempted seconddegree murder. That is an aggravating factor that I've kind of broached and talked about a little bit already. They weren't going to just kill Charles Jones. He was the target. No doubt about it. But if there was someone else there, Six block, they were going to kill him. Victim, Gino Norris, 22 years old, not a Six Block member, but a lifetime friend or a lifelong friend of Charles Jones since they were in middle school. He was there to celebrate with Charles. This young man that you saw come in here. This man who talked in low tones um in a subdued voice. And you saw the evidence when they went up the stairs at Truth 18. He kind of paused and leaned on the banister and waited for everyone else. He was there because he was Charles Jones friend, not because he was a member of Six Block. But that didn't stop him from catching a round in his arm. Xavier Edwards, the driver of the car, who is a Six Block member, 19 years old at the time, he took multiple rounds into his shoulder. He had grazing wounds on his hands, probably because his hands were up where all of the uh glass was shattering on the steering wheel. This young man most likely saved not only himself but Gino Norris's life by pressing down on that accelerator and driving through that massive wall of fire in that vortex between DaVon Murphy and Shawn Gathers.

[00:30:43]>> As people try to suggest he could have popped a U-turn. I think a U-turn would have been worse cuz it takes like time.

[00:30:49]I don't know, bro. He had nowhere to go.

[00:30:51]Like he could have popped a U-turn, but that probably could have gave Sean a better angle. I don't know.

[00:30:55]>> Look at their faces. Look at that. That is from a body warn camera. That's not a pose. That's in the middle of what's occurring. That's a screenshot from a bodywn camera. Look at the stunned look on Gino's face. And look at the expression on Xavier Edwards. We heard testimony this week about this was a traumatic event. Remember that coming out of Mr. Gather's mouth. That's trauma right there. That evidence. That's real trauma being reflected in real time as it's being suffered.

[00:31:21]>> Yeah. Sean's saying it was traumatic experience. Come on, brother. That was crazy.

[00:31:25]>> These men still having projectiles in their bodies. Look at the placement of those rounds from Mr. Gath's rifle because there's no doubt he's the one that fired those. The one on the right went out the windshield. The one on the left went through this young lady's right arm. Kamia Bentley, 22 years old, completely unrelated to anyone in this case. We have three attempted murders in this case. Only by the grace of God.

[00:31:45]>> It's really insane that that many people survived. I mean, if you look at the windshield of Fio's car, I don't know how the driver survived. More heavy set.

[00:31:52]Like, he's a big target, bro. shot and killed Charles Jones and then attempted to murder these other people who were in the cars, Kama Gino and Xavier Edwards.

[00:32:01]That is an aggravating factor. That is a violent violent felony offense that you have convicted them of. And that is an aggravating factor. And there is absolutely zero doubt about it's been proven in your verdicts. Your verdicts, you've already found that this aggravator exists beyond a reasonable doubt. When you add it and it's weighted significance to the heightened premeditation in this case, there's no comparison. It blocks out the mitigation that's been presented to you for those three defendants. If these if one of these defendants who was a gang member, let's just take Mr. Chance just as an example. If he had got into a fight with his girlfriend or found out something about her that he was upset about and he went out to his car and retrieved a gun and he loaded it and he walked around the block and he cooled off and he came back and decided he was going to kill her anyways and he went and murdered her, that would be premeditated murder and that would be an aggravating factor because he's a gang member. But in that instance, the gang membership would have nothing to do with that murder. It'd be unrelated to that murder and it still be an aggravating factor. But here, this is the heart of this murder. It's the heart of this plot. this plan. All four of these defendants share the same motive to take out Charles Jones because he is in the opposition. Mr. Gathright is we we don't have this aggravator against him, but he clearly has allegiances and associations.

[00:33:03]>> They never charge Sean with being a gang member.

[00:33:06]>> But it is not an aggravator against him.

[00:33:07]You cannot consider as such. But these other defendants, yes, it's not only an aggravating factor, it's an essential part of the cold, calculated, premeditated manner that the murder was committed in because it's their >> this guy's so good at his job. It lays at the heart of this case and that's what makes it so aggravating when you couple that when you couple that that the reason they're doing this is because they are criminal gang members and they're taking out an opposition criminal gang member. That's what aggravates this murder. DaVon Murphy throwing gang signs. Talk about cold blood. They are talking to him about a murder and he's in there throwing gang signs when they leave him alone. This is a proud gang member. He is a walking billboard of 1,200. It's indelibly imprinted all over his body from the 1200 on the back of his neck and his upper traps all over his body with the members of 1200 who have been murdered or killed. Rashad Murphy sending out the next day was barely afternoon and he's posting his motive in this murder throwing props to Prosper and Junior get back day. They are the 187 babies and we all remember what 187 stands for, right?

[00:34:08]The California um statute for murder.

[00:34:11]You remember this slide and you see Mr. Mr. Murphy. We saw still shots of Mr. Murphy there. He's thrown an upside down six and a bully down sign and those videos that he was in with numerous other gang members including Wapa and Spinabins.

[00:34:24]And then Mr. Chance up on the top left, an ATK member. Mr. Dadright's photo is in there only to show that he is associated to that gang and has and has allegiance to them. Again, you cannot consider as an aggravating factor with him. Mr. Chance posts his motive right after the murder earlier than Rashad Murphy. We see Tilly, his good friend, that was murdered just before the attempted murder on Charles Jones in October of 23, the murder that Mr. Chance's best friend and buddy Sean Gathight is connected to and the evidence. And we see Mr. uh Chance sitting there in that back seat with a ghost over his mouth. Mr. Chance with his bully down sign. You remember Miss Dhy made a great point in her closing statements is up in an area of his bedroom. First thing he'll see in the morning, last thing he'll see at night in a place where a lot of people will put a crucifix or some other religious symbol. And we don't need to guess at Mr. Chance's motives. This is him speaking directly to other members of his gang, ATK.

[00:35:16]>> Yeah, he had a falling out with ATK at one point.

[00:35:18]>> Who really contributed to the war. I can count on one hand who effing sliding and done killed [ __ ] and who don't or who didn't. Boy, what the f I'm talking about confirmed kills, [ __ ] Let's be for real. And he's speaking directly about his anger. If you remember the other slide, about nobody doing nothing about Tilly. Nobody's doing anything.

[00:35:38]And in his social media posting, he misses his friend Tilly, who you recall was shot in the Uber just a few hours before the attempt on Charles Jones life. He wasn't just a gang member. He was the face of Six Block. He was the spokesperson of Six Block. He's the one visiting his friend and then goes over to the grave of the opposition and is giving it the finger and posting a photo and dancing on a grave with the photographs of those young men that were shot at the town center shooting.

[00:36:00]>> Fio literally danced on their grave.

[00:36:02]>> That's Charles Jones and that's why he was murdered. It goes to the heart of this case. Every citizen in this country is entitled to due process and to pursuing and having the right to life.

[00:36:12]And Charles Jones had the right to life.

[00:36:13]So when you're considering the mitigation, you've got to determine number one, has it been proven? And number two, what value or significance does it have to you as it pertains to sentencing? As it pertains to sentencing, does it mitigate against a potential sentence of death? Because that's its purpose. It's up to each and every single one of you to make a personal moral decision about that. So I want to talk about I'm just going to walk through these mitigators. are different and there's a list of them and I'm just going to remind you that the judge will tell you each of you must decide what weight is to be given. Different factors or circumstances may be given different weight or values by different jurors.

[00:36:46]Isaiah Chan suffers from borderline intellectual disability as well as untreated HDHD. I think that that is not proven to you even by a great way of the evidence. I think the evidence in this case through the states expert Dr. Warner this morning has proven to and also through the cross-examination um of Dr. Harding that his ADHD he had was when he was a child. That's when he was a child. Was it untreated? Yeah. You know why it was untreated? Because that defendant, Mr. Chance, has a wonderful, loving, caring, involved mother who was concerned about him and having rolin and other drugs pumped into her child. And she decided against it. Some people decide to have their their children treated with that, and that's fine, but she decided against it. And I'm not suggesting that that mitigates against that, but just you need to consider that and the actions of his mother, who was, if nothing else, a wonderful woman who came in here on her son's behalf, who loves her son and her son loves her.

[00:37:31]They have a good relationship and she doted over him when he was growing up and tried to help him in any way she could. His decision-making was impaired by borderline intellectual disability.

[00:37:39]And that's according to Dr. Hardy. Dr. Warner told you, "No, no, no, no, no.

[00:37:43]Isaiah Chance is not in the borderline range. That's below the low average range." She talked to you all about his vocabulary, his syntax, the way he spoke to her about how he was able to convey to her his passions, his dreams. He wanted to be a merchant marine. He was a long shoreman who had to go through the application process to get a TWI card to be able to get into the ports which are regulated by Homeland Security and TSA.

[00:38:01]Mr. Chance did not personally carry, display, use, or threaten to use or attempt to use a firearm during the commission of the offense. Well, he didn't, but Mr. Chance supplied. He supplied and certainly carried from his BMW into the house and it went along the trip. It went along with him all the way down in that Impala and Rashad Murphy utilized it in the commission. I would suggest the evidence has clearly disproven that Isaiah Chance has borderline intellectual disability or ADHD. Isaiah Chance desires, cherishes fatherhood, and has a great relationship with his three children. That's mitigating and you should consider it.

[00:38:31]It's been proven. Isaiah Chance has a loving and close relationship with his parents, his sibling, his grandmother and godmother. I can't imagine a better grandmother. Uh the state cannot imagine a better grandmother than his nana um and his mother and his father who appeared by Zoom and talked about his son. So yes, that's been proven. Is it mitigating in this case? That's up to you to decide what weight you want to give it. But it is a proven mitigator.

[00:38:53]Been proven by the greater weight of the evidence. He has the continued support of his family. He does. That's clearly proven. He has a son, a brother, a grandson, a father whose life has meaning to others. I think these are getting repetitive and there's a total of 18 of them that apply to him. And again, as to Mr. um Chance, the state of Florida is seeking two extremely powerful aggravating factors. This was a cold, calculated, premeditated murder and that he was a gang member, which lays at the heart of this case. So it's not the judge will tell you a mechanical process or a numbers game.

[00:39:19]>> Each individual juror must decide what weight is to be given to a particular aggravating factor or mitigating circumstance.

[00:39:24]>> So what does that tell us and what does that portray about Isaiah Chance's life?

[00:39:28]He had loving people around him. He had his mother. He had his father. He had his grandparents, his nana and his papa.

[00:39:35]He had his mother was separated or divorced from his father. But then came along Mr. Nicks. Mr. Nicks, do you remember Mr. Nick, who has that wonderful program he runs on the streets of Jacksonville to try to interdict and stop this from happening. Mr. Nicks, who was not bloodreated to Isaiah Chance and his siblings, but would pick them up from school. The man who wouldn't accept one-word answers when he asked Isaiah Chance, "How did school go today? What what did you find interesting? What subject matters?" And other conversations, he would debrief them, he said. It was kind of tickled me a little bit, the the the military terms he was using, but he would spend time, and that's what parents are supposed to do.

[00:40:08]What better father figure? What better role model than that that he made? and had him involved in martial arts, which is part of this SEAL program that he runs um in Jacksonville. He couldn't have had a better environment, a better environment of loving, caring, supporting people surrounding him as he was raised. He had every opportunity. He was taught, his nana told you right from wrong. Taught about the Ten Commandments.

[00:40:27]>> Yeah. His nana really didn't really do him any favors. She was like, I told him everything about the church. Like, he knows right and wrong.

[00:40:34]>> This defendant, Sean Gath, is mature and he can handle himself. He can handle himself. And we saw that in the evidence in this case. We saw it in the evidence in this case. You need to consider that.

[00:40:44]You need to consider his behavior and how he acted. How this individual, Mr. Gathright, drove this enterprise. He drove it. He literally drove it. He drove the assault team. He provided the weapons. He provided the fire that was directed into Charles Jones body and into multiple other places, including Kama Bentley's arm and potentially into um Xavier Edwards and Gino Norris. We don't know because those projectiles were not removed for health purposes. He was 18 years old at the time of the offense. His age at the time of the offense, it's kind of duplicating itself. Mr. Gaffright has a proposed 32 proposed listed mitigators. Again, the state would just simply encourage you to follow the law that it's not a numbers game. It's not a calculation. He was raised in a military family with repeated parental deployments resulting in frequent locations and prolonged separations. He was he was. But look at what he was able to do with that. You heard from his mother and you heard from his prior stepfather, Mr. Harrington, a wonderful man, the Air Force man. You heard from um Mr. Edwards, the counselor at the school that he got to go to, the magnet school, a school that not every kid gets to go to. And they all told you he adjusted. He was resilient. He was able to go from one station to the next and treat it as a new enterprise.

[00:41:50]Remember what Mr. Harrington told us?

[00:41:52]That he treated it as a new adventure, a new culture.

[00:41:54]>> I have another hour to watch of him going, "Holy [ __ ] Scott is not playing, dude. This might have to be its own video."

[00:42:00]>> He was primarily raised by his paternal grandmother due to parental absence and instability. Well, when he when his parents were deployed serving our country abroad, he did he lived with Miss Guthright, his paternal grandmother. Again, wonderful people.

[00:42:11]She's right over there watching.

[00:42:12]Wonderful people. Her and her husband who's now gone. Wonderful people with a wonderful church community up in Oxford, Mississippi, who came around this young boy and this young man and nurtured him and gave him role models. He always, she told us, had good male role models. And what better male role model than Mr. Harrington. What better role model than that? Did he have some exposure to some abuse or to some violence by his natural father? Yes, he did. But it was limited.

[00:42:32]And that family made sure of that. He made they made sure of that. And he didn't just have Miss Gatherite. You flip over to the other side of the family, Miss Allen, another wonderful grandmother who told you about the Thanksgiving in New York and you heard all these little family antidotes, the things that make families families. He got to go to Europe, Scotland, Ireland.

[00:42:48]He got to go to Spain and take pictures in front of the Eiffel Tower in Paris.

[00:42:51]And he got to go to South Africa and did humanitarian work there. He got to go to Cape Town, one of the most beautiful cities in this in the world. He lived in Okinawa, Japan. You heard Mr. Harrington say that. He was a pilot. and he got to fly to all these islands and the archipelago around Okinawa. Imagine imagine that childhood this man had all the opportunities, all the care, all the support and the love. And the state would ask you to compare it to the despicable and evil actions of this 18-year-old on June 22nd and in the early morning hours of June 23rd as he hunted Charles Jones.

[00:43:22]>> This man is putting a nail in the coffin. Holy [ __ ] >> Just like Mr. Chance's surveillance, it never could have happened without his participation. He is up to his eyeballs in this conspiracy and murder. He lacked a stable male role model or consistent guidance during formative years. That has not been proven, folks. I'm >> just going through every single mitigation factor and just debunking them.

[00:43:40]>> I'm sorry. That has not been proven. You can't march all of these wonderful people in here and believe that. No way.

[00:43:46]Those grandmothers and his mother would never have allowed that to happen. He was subjected to verbal abuse by his father. Sounds like he was. Sounds like that's been proven. He was subjected to physical abuse and injury at the hands of his father. Maybe. Maybe. We have that one story where he ran off and was in a park and his grandmother um called him um and they got him out of that situation fairly quickly and moved him back here to the east coast. He lived in an environment marked by fear, conflict, and lack of safety in his father's home maybe, but not for very long. That was intermittent. And it wasn't for more than a few weeks or a month we heard in the evidence. He struggled with identity formation and belonging in adolescence.

[00:44:15]I'm not sure we heard anything about that. You may have a better memory than I do. You rely upon the evidence. He experienced isolation and difficulty adjusting socially after relocation in adolescence. I would suggest um the evidence is to the exact contrary of that. To the exact contrary of that he was susceptible to influence due to his age. Did the evidence reveal that that defendant was susceptible to influence or that he was the influencer? Look in the evidence as far as that mitigation because I don't believe the state would submit to you that has not been proven.

[00:44:41]His decision-m was influenced by peer groups and an unfamiliar culture. He had been here in Jacksonville for several years. I believe maybe in his testimony tried to paint it as a violent environment that he was dropped into.

[00:44:51]Look at the evidence. Look at where he lived. Look at the photographs from the search warrants and the photographs of the exterior of that house and that driveway. He lived in the suburbs in a nice area and you heard in the evidence that he lived in a nice area. He is described as a kind, respectful and nonviolent by his family. I think they did describe him as such, but the nonviolent and respectful um superlatives simply did not apply on June 6 moving forward. folks through this murder and even afterwards. I'm not sure I would suggest to you the state would suggest how respectful it is to drop a motor vehicle that's been utilized in a collaborated conspiratorial murder with your elderly grandmother who ends up getting pulled over driving it. He is optimistic and positive um and a positive support for his family and friends. I think that's probably been proven. He loves his sister, nephews, mother. I think that's been pro proven. He loved deeply by his family who have supported him. That's been proven as I've already argued to you. He's described as calm, well-mannered, and non-confrontational.

[00:45:39]Well, he was certainly calm when he was loading that impala and he was calm when he was executing this murder along with his co-conspirators.

[00:45:46]>> He's not >> calm to the point of ice water in his veins with that type of accuracy he was displaying with that rifle while moving.

[00:45:52]Trying to remember where I left off.

[00:45:53]Okay. He has a cap capacity to contribute positively maybe is a son, brother, grandson, and friend who has whose life has meaning to others.

[00:46:00]Absolutely. Absolutely. That's been proven to you. Yeah, you have to weigh it out. Like, yeah, he has family, friends. He has value there, but you got to weigh out what he did. This is a lot of pressure for a jury.

[00:46:11]>> He has a desired potential to mentor, to influence others. It sounds like he does. He has previously fed the homeless, was involved in community projects in Mississippi when he lived with Miss Gather. I think that's been proven. He's traveled to foreign countries on mission trips for humanitarian purposes. That's been proven. He participated in educational international travel programs with exposure to broader opportunities.

[00:46:30]Absolutely. Absolutely. the environment that Mr. Gathight and Mr. Chance grew up in very very similar wonderful grandparents a wonderful and committed mother wonderful support systems from Mr. Nix or Mr. Chance to Mr. Harrington for Mr. Gath right these two these two defendants is the opportunities and possibly the material well-being of the family that Mr. Gathright grew up in. He lived in Japan. He visited Europe. He had every single opportunity. Went to a magnet school, traveled abroad. He has entrepreneurial initiatives including running small businesses. Sure. Yeah, that's probably it's definitely proven.

[00:47:03]If you want to find that mitigating, that's fine. Engaged in creative, constructive outlets including photography and media work. At one point in his life, yes, he did clearly. Um he has shown resilience, adaptability despite adversity. And see, you see one mitigator here kind of contradicting another. And that's what we heard in the evidence, how resilient and adaptable that this um defendant was when he was growing up out of necessity. He had to learn to be and the existence of any other factors in Mr. Gather's character.

[00:47:25]So, speaking of the prison thing, I want to talk about Raul Vasco's testimony because the man who's going to be paid $4 or $5,000 to come in here and give us this this amazing news that prison is tough. Well, yeah, prison is tough. Life is life. Life without parole, that's a tough sentence. Is it punishment?

[00:47:41]Because you've heard that kind of all through the beginning of this penalty phase. Life without parole is punishment. Yeah, it's punishment. It certainly is punishment and a death sentence is punishment. You need to decide what the appropriate sentence is.

[00:47:49]It's not an issue as to whether it's punishment. It clearly is punishment. It clearly is. And as if he's sentenced to this on this crime, uh Mr. Gathight to life in prison, he will be at a higher at close custody level. There is some modification Mr. Bosco told this occur to his work and to his living environments. But it's not maximum security death row. It's a different whole ball of wax.

[00:48:10]>> We need that sweat equity. I still can't believe that guy said that. He has no significant history of prior criminal activity. That's been proven. That's fine. Um mitigating. Yeah. His age at the time of the offense. Well, um he was 30 years old, folks. He was a grown man.

[00:48:23]I mean, 30 years, >> bro. Y'all remember my reaction to that?

[00:48:26]She said he was 30 years old at the time of the offense. I went, that's old.

[00:48:29]>> He was a grown man. I mean, 30 years old. That that's not an issue as to whether that's mitigating that has zero mitigating factor or zero mitigating weight. The state would suggest to you that is not a mitigating factor. Um he has a history of physical emotional abuse. was a child consistent with PTSD.

[00:48:43]All right. So, that's probably the most significant thing that Mr. Murphy has as mitigation that he But there was a real divergence while he was in there.

[00:48:50]Remember, he was placed with some foster family because his mother was a drug addict and apparently the authorities removed him up in Georgia, St. Mary's, Georgia, and he went into a foster situation that was not very good and he saw his little brother being physically abused. And I have no doubt the statement has no qu no quarrels or qualms with that being traumatic. That's dramatic as a boy to see that, a stranger beating on your little brother.

[00:49:10]But we also heard that the whole time that was occurring, his aunt and his grandmother was fighting to get him out of there. They were fighting to get Mr. Murphy, Rashad Murphy out of that that circumstance. He and his brother, she cared for those boys and when the state came to take them, when her time with them was up, she fought to keep them from being transferred to another foster parent or another foster home. She loved and cared and supported those boys. And his aunt came in here and told us and we may have heard that from someone else. I don't remember, but >> yikes. This is why he cried yesterday.

[00:49:36]>> Remember may have told us about Miss Dallas. You remember the testimony? She would dress them up and bring them down here when their little sister was performing at church in Jacksonville.

[00:49:43]Drive all the way down from Georgia. She would bring them down there down there to Jacksonville for family gettogethers.

[00:49:48]And they thought the world of her. But after about two to three years, Mr. Murphy went back to his family. Went back to that environment that he lived in, which was a loving, caring environment outside of his mother, outside of his mother. It was a loving and caring environment that he had. His aunts told you that in their testimony.

[00:50:03]He had and maintained a loving relationship with his family and friends while he was incarcerated. He absolutely did. He has developed or has he developed religious and spiritual awareness. Well, apparently he has. We saw some certificates where he's been um doing that and trying to help out with Bible study. Um he loves his children, has been a good father to them. It sounds like he has. Sounds like Miss Diger told us that. And I know his aunts told us that he loved his children or does love his children.

[00:50:22]>> But he was hunting ops with the Glock switch.

[00:50:24]>> Uh displayed appropriate behavior and the ability to follow rules while incarcerated. That's fine if you want to find that to be mitigating. He's in a controlled environment. Um and then any other existence of any other factors.

[00:50:34]The PTSD diagnosis, the state would suggest to you uh is somewhat of a skeptical um the state is skeptical of that diagnosis in the evidence in this case. Dr. Collins, >> I knew they were going to fight the PTSD one.

[00:50:42]>> He in fact was looking for the collateral evidence that Dr. Werner examined in this case, the police reports, the interviews, he found evidence that he may suffer from PTSD.

[00:50:52]But as I pointed out to her in the cross- examination, this defendant not only participated in this conspiracy to commit murder and took all the steps I already walked through with you, all the things that he did to contribute to this, including trying to protect the conspiracy and trying to keep it hidden, which apparently is his forte, the ghost, who didn't appear until they got back to Jacksonville, was able to avoid the cameras. But his role and the next aggravator I'm going to talk to you about not only in the heightened premeditation which clearly he was part of that planning because he's telling them we have this plan in place that we're going to do and he needs to stop talking before they figure this out trying to protect it. His behavior in the actual murder itself with that fully automatic Glock pistol that needs to be considered because he's firing that at a fully automatic cyclical rate with Mr. Gathight standing to his right firing a high-powered rifle at a high rapid fire rate. All of that percussion, all of those muzzle flashes, all of that violence occurring, not affecting him at all, not triggering any kind of a PTSD reaction at all.

[00:51:46]>> I That's what I thought he was going for yesterday. Like if he had truly had PTSD from gunfire and everything, >> he cooly, calmly runs back to the Impala almost like he's jogging, keeping his head turned towards the Charger as it flees, gets back into the Impala, and they flee back to the Airbnb and then he's posting up get back day. And lastly, DaVon Murphy, third to appreciate the criminality of this. I'll try to move through these as fast conduct. The requirements of law was substantially impaired. Absolutely not.

[00:52:10]That has been absolutely disproven.

[00:52:12]Everything about this case tells you that he knew the criminality. He wouldn't be hiding his identity if he didn't know the criminality of his conduct. Everything about this shows planning. It shows advanced thought, purposeful action, him pursuing the charger, remember? And firing the rounds down the west side of the hotel at the charger. Nothing about this supports that. And Dr. Warner confirmed it in her expert psychiatric opinion. He does not meet that. The felony was committed while he was under the influence of extreme mental or emotional disturbance.

[00:52:36]No, no, that was completely disproven.

[00:52:38]Dr. Warner told you no. He doesn't suffer from any emotional disturbance or extreme mental disturbance. His age at the time of the offense, he was in his mid to late 20s. I think he was 26. He's in his late to mid20s. He suffers from traumatic brain injury. I'm just going to echo the words of the last doctor you just heard testify, a Yale educated, board-certified diagnostic radiologist who's been looking at MRIs for his entire career for decades. Absolutely not. No, there's no brain damage in Mr. Da'Von Murphy's brain.

[00:53:07]>> I need someone else to give their input on this brain scan situation that knows about brains. Was that guy yesterday tripping? Cuz he testified like an idiot. I don't know if he was awkward or >> he was exposed to repeated violence in his childhood and young adult life.

[00:53:20]There's no evidence of that, folks, for Dave Murphy. None. His mother misspeaks.

[00:53:24]A wonderful mother. A wonderful mother.

[00:53:26]Described as a wonderful mother. later he fails 11th grade and he ends up in the um Jacksonville Youth Academy where he has to go to school and he finishes 11th grade and then what happens his mother who kicked him out of the house because she had exercised some tough love which takes a lot of love a lot of love for any parent knows that takes a lot of love to kick your son out or kick your daughter out when they're doing something like that and not being accountable he was skipping smoking gambling getting in all kinds of trouble at school she kicked him out of the house and he went to live with his u one of his grandmothers but in 12th grade after he graduates or gets through 11th grade she goes and petitions the high school there in Jacksonville and gets him back into school and he finishes his 12th grade year. He doesn't graduate with his class. He later gets his special diploma for high school. There was no violence in his childhood. This is a young man who learned how to work.

[00:54:09]He learned how to work a 9 toive job.

[00:54:10]And we saw that in the evidence. All the jobs he held for months and months and months. This defendant, just like the other defendants, had a loving environment around him of caring mothers, caring people. Other than Rashad Murphy's mother, I wouldn't put her into that class. Apparently, he's not in the borderline range of intellectual disability. he's in the low average range, but not in a range that disables him or keeps him from being able to work or keeps him from being able to recognize the fact that he needs to avoid the ring camera at the Airbnb the day before or keeps him from understanding that when they're committing this murder in order to keep the victim from knowing they're there and taking off and fleeing that he needs to conceal himself and hide behind the cars and take up a position because you remember he was the backup singer in this performance. He was the backup shooter to prevent flight as a hedge against the victim escaping. And he sure fulfilled that, didn't he? He came out of the shadows with those giant fireballs coming out of that 300 blackout. And it didn't prevent him from understanding that he needed to hide his identity. He needed to wear dark clothes to stay camouflaged in the darkness of that night. And he needed to hide his identity with a ski mask.

[00:55:04]>> He is leaving no stone unturned right now.

[00:55:07]>> His father was diagnosed with schizophrenia. Well, his father really wasn't in his life. His father was in prison for a lot of his life. His father was incarcerated for life when he was 12 years old. Yeah. Is that mitigating?

[00:55:16]Probably. Yeah. I'm sure that had some effect on him when he was a boy to lose his father like that um to prison. He took on a parental role. We just talked about that that basically contradicts the U mitigator that he has borderline range of intelligence. He's loved by his family. No doubt about that. No doubt about that. And the existence of any other factors that all of these defendants had people in their lives that loved them, cared about them, that were role models for them. They never went without that. None of them did. M.

[00:55:38]Both the Murphy's, Mr. Gathight, Mr. Chance, Mr. Kathright and Mr. chance.

[00:55:42]Both of them had every opportunity to grow up to be productive men and citizens. Knowingly created a great risk of death to many persons. Knowingly created a great risk of death to many persons. And I want to go through this with you one more time.

[00:55:56]>> Back to the footage.

[00:55:58]>> He's creating and knowingly creating a great risk of death to many people. He knows that there's people in that other car, the Ultima. Has that been proven beyond a reasonable doubt? Absolutely it has. As it pertains to Mr. Murphy and that fully automatic pistol that he's shooting 31 rounds out of.

[00:56:11]>> Shot emptied the whole damn magazine in that switch.

[00:56:14]>> That is Mr. Gathight. Sean Gathight. He fired that AR-15 into that Dodge Charger and then he redirects directly into that Ultima right in the direction of that Lita in where Pedro Gabbor was staying with his wife and his 10-year-old son and his six-year-old daughter here from Ocala to go to the Lowry Park Zoo. To the Lowry Park Zoo. And Mr. Gather, he doesn't care. He's not stopping. There's no cause for concern. He's opening up with a 5.56 NATO caliber high-powered rifle and he's firing it directly into the path of that Holiday Inn and that Lita end. And we know that was a high-powered round that went through that air conditioning unit, through that brick wall, coursed across that room, and struck Pedro Gabbor's wife in the ankle. That didn't stop Mr. Cathite. Mr. Gather was fired indiscriminately right towards all of this densely packed humanity. Having driven around that parking lot and seen all those cars, knowing that this is a hotel complex.

[00:57:05]You saw the big signs outside. There's no mistaking where they were. He is firing. He's firing directly up to the left in that image of that hotel.

[00:57:12]Straight up there, pushing those rounds rapidly with that firearm that he has no stock on it, right? And he's firing it directly to the north northeast.

[00:57:21]>> Devon really was just spraying in the general direction of a full hotel. Like Sean, you could tell was aiming a little bit better than DaVon sprayed. Had no control over that gun.

[00:57:33]>> And they hear all the shooting and then around flies through the window and cuts across the room. The boyfriend grabbing her and pulling her to the ground. That defendant didn't it didn't stop him at all the fact that this was a packed hotel. He's firing indiscriminately down the edge of that hotel because if he used his left hand, there's nowhere to put his right hand because of the brass catcher. He'd be right up on the muzzle if he did that. There's a reason he's using his right. It's out of necessity.

[00:57:55]>> I was confused why he used his right hand. The brass catcher would was blocking him from holding it. Okay, >> we know Mr. Murphy, he's not embarrassed. He's not shy. And obviously zero remorse over what he did, his role in this case because he's reenacting it in the interview room, mocking the police with what he did. That aggravating factor alone, that aggravating factor alone placing many people at great risk and knowingly placing many people at great risk of death. Think about that. Think about how heinous that is. How heinous that is that you're going to treat all the people in that hotel, all the partygoers, is just fodder. They're just fodder for these killers because they're going to kill Charles Jones no matter what. And that's why they brought that overwhelming amount of firepower and they were going to lay down a barrage, a wall of land. And anyone that got in the way, it didn't matter to them. It didn't make them hesitate. each of you individually that the aggravating factors in this case prove to you, they should prove to each and every one of you that the just verdict and just sentence in this case is one of death for each of them. For each of them.

[00:58:56]>> Someone said this guy's a real grim reaper.

[00:58:58]>> This kind of premeditation that you see in this case, this is the kind of teamwork and premeditation that puts rockets in space, folks. That's what this is. And the kind of problem solving. But when you want to this rocket scientist now >> he's drinking. He's celebrating and putting up posts online. We've heard enough. This is well beyond a reasonable doubt. When is it going to end? When's this evidence going to end? It just keeps coming. And I wouldn't blame you for having that thought because it did because along with us dragging that conspiracy in. It was like a dump truck coming in here and earth movers just pushing in this mountain of premeditation, you know, and it really when it the way it ended up being here when >> this guy's bragging.

[00:59:31]>> We were in guiltface closing statements.

[00:59:33]It was like we were all floating around in this ocean, literally an ocean of premeditation.

[00:59:38]>> He's so good.

[00:59:39]>> He's so good.

[00:59:40]>> That's how much evidence there is in this case. And just like those fireballs coming out of that 300 blackout in that early morning right there by the portico of the home to suit from DaVon Murphy's gun that were so bright even in that um ambient lighting of that parking lot just like that. This evidence shines brightly. It can't be avoided.

[00:59:57]>> He did not just do that comparison.

[00:59:59]>> It can't be hidden from no hoodie, no co masks are going to hide the defendants from this aggravation. There are no Ubers here to whisk anyone away from your sentence in this case. There is a mountain a mountain of evidence proving these aggravating factors. All of these aggravators, there are mountains and heaps of evidence that prove it. None of you none of you should walk out of here after you enter your sentences and your votes, none of you should have any qualms or doubts about doing so because you can go home and you'll know that night in your heart that your vote to sentence these defendants to death, your vote stands on that evidence and that assurance. And you can have that assurance that night. you can be assured of of the correctness and the justness of that sentence of death the next day through the weekend into next week into next month for the rest of your lives.

[01:00:43]You can know that your sentences in this case are just and right sentences.

[01:00:48]Robert Lewis Stevenson who wrote those wonderful books Treasure Island um I don't want to misstate the strange case of Dr. Jackal and Mr. Hyde stories that we've all heard in our lives. He was a great writer. He was a poet. He was a national hero in Scotland and is still revered there today. But he's also known for this quote. Eventually, everybody, everybody sits down to a banquet, a banquet of consequences. And today, each of these defendants, all of them sitting over here, we're sitting in this courtroom for their banquet. The state of Florida stands before you and requests that each and every one ofbody, everybody sits down to a banquet, a banquet of consequences. And today, each of these defendants, all of them sitting over here are sitting in this courtroom for their banquet. The state of Florida stands before you and requests that each and every one of you go back there and vote to sentence each of these defendants to death for the murder of Charles Jones for the murder of this man that you sentence each of them to death knowing that it is the just and it is the right sentence in this case.

[01:01:58]>> He just dropped a bar right there. Holy [ __ ] That was I just watched 2 and 1/2 hours of that guy talking. Dude, is that the nail in the coffin? I now think there is a very good chance they get the death penalty. 95%. I'll give them 5% chance they don't. But it's different for each one. Like I feel like Isaiah could slip by cuz he didn't pull the trigger at all. But the shooters I feel like it's might even be 99%. Hit subscribe. Thanks for the support. Peace out boys.