Murdock v. State

115 So. 3d 1050, 2013 WL 2494175, 2013 Fla. App. LEXIS 9282
CourtDistrict Court of Appeal of Florida
DecidedJune 12, 2013
DocketNo. 4D10-2246
StatusPublished
Cited by6 cases

This text of 115 So. 3d 1050 (Murdock v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murdock v. State, 115 So. 3d 1050, 2013 WL 2494175, 2013 Fla. App. LEXIS 9282 (Fla. Ct. App. 2013).

Opinion

GROSS, J.

Fresnel Atilus was shot and killed while operating his ice cream truck in Lake Park, Florida. At trial, the State’s theory of the case was that appellant, Michael Murdock, was guilty of first-degree murder and attempted robbery with a firearm as a principal.1 A jury found Murdock guilty as charged. We reverse because the police misinformed Murdock about his Fifth Amendment rights and failed to correct the misinformation before Murdock gave an incriminating statement.

There were no eyewitnesses to the actual shooting, but two witnesses saw men flee from the scene of the crime. The victim’s cousin saw two men run away from the ice cream truck after hearing shots fired; he then watched as they jumped into a parked car and drove away. Another resident who lived in an apartment overlooking the parked ice cream truck came outside after hearing shots fired, at which point she saw one man run away from the truck.

[1052]*1052The deputy sheriff who first responded to the crime scene testified that the ice cream truck was “fortified” with locked doors and metal screens covering the windows. The deputy had to break a window and unlock a door to enter the truck. The crime scene investigator collected DNA and fingerprint evidence from the crime scene, but her testing did not link Mur-dock to the offense.

The primary evidence against Murdock came from his statements to the police. At the station house, a detective conducted two interviews with Murdock separated by a 20-minute break.

The first interview began at approximately 1:48 a.m. Before the detective read him his Miranda2 rights at the beginning of the interview, Murdock said he did not want to talk to the detective. The detective ignored the invocation, silenced Murdock, and continued the interrogation:

[Murdock]: ... But I just want to go home, man. I don’t wanna ... I don’t wanna talk to nobody until I know what’s going on.
[Detective]: So, you volunteered to come up here. Ok, let me lay it out for you-
[Murdock]: Yeah ... I want to know my situation — I wanna know the witness ... I wanna know-
[Detective]: Listen, I’m gonna be very frank with you.
[Murdock]: I want to say ... ya’ll won’t listen to my side. I know ya’ll got a job to do-
[Detective]: Listen, I can’t talk to you right now, okay? I want to talk to you but it’s hard for me to talk to you when you’re talking] over me.
[[Image here]]
You understand I want to hear everything you have to say. I’m not gonna ask you any questions. Okay. Here’s where you sit. You were driving the vehicle in which somebody entered the vehicle after a homicide, after they lit up a guy. They got into your vehicle and fled the scene. Okay? I’m not asking you questions, I’m telling you.
[[Image here]]
Okay? Right now, depending on what you tell me, determines your situation. And what I’m gonna do right now is I’m gonna read you your rights.

(Emphasis added).

Around 1:57 a.m., the detective read Murdock his Miranda rights. Mur-dock paused to inquire into his right to counsel:
[Murdock]: Yes, sir. Can you go back to that thing about the lawyer? I just said, yes, sir.
[Detective]: Okay. Which one?
[Murdock]: You said I ... uh ... you got [to] appoint me a lawyer?
[Detective]: Okay.
[Murdock]: Or something like that.
[Detective]: If you cannot afford a lawyer, you’re entitled to the presence and representation of court appointed lawyer before you make any statement and during any questioning.
[Murdock]: So I can talk to a lawyer before I talk to ya’ll?
[Detective]: Well, that means after you’re charged ... (talk over) ...
[Murdock]: Oh. Oh.
[Detective]: ... you’ll be given a Public Defender.
[Murdock]: See, that’s what I’m saying ... (talkover) ...
[1053]*1053[Detective]: Okay? You’re not charged. Relax. I told you you’re not under arrest ... (talkover) ...
[Murdock]: Yeah. Yeah, I ain’t.

(Emphasis added). The detective thus misinformed Murdock that he could consult with an attorney only after he was charged.

By 2:30 a.m., Murdock became hysterical. He offered to implicate others in the crime if the detective would let him go home:

[Murdock]: God, God help me man! I didn’t do nothing, man! [Gets onto his knees, facing the wall and leaning his upper body onto the seat of the chair he has been sitting i[n] (praying) ].
[Detective returns to the room at 2:31 a.m.]
[Detective]: Are you praying? Have some water. It’s gonna be OK. I have one question for you: are you gonna help us find these two guys?
[[Image here]]
[Murdock]: Are ya’ll gonna release me?
[Detective]: Write it down. Cause the next words out of my mouth are gonna hurt you.
[Murdock]: Ya’ll are gonna release me? If I help ya’ll, are you gonna release me?
[Detective]: Hmm-mmm, No.
[[Image here]]
[Murdock]: So what am I going to jail for?
[Detective]: First degree murder. Now it’s up to you how you want to play your cards. Do you want to show yourself as a person who is sorry for what he’s done — which you’re much doing because you’re crying. I don’t know if it’s for yourself or for this guy and his 5 or 6 kids.

Soon thereafter, Murdock asked to stop the interview. The detective, however, leaned on Murdock for more information:

[Murdock]: Alright, can I talk to you tomorrow ?
[Detective]: I’m gonna give you my business card, if you want to contact me tomorrow, you can contact me ... But, you’re going to be given a public defender in the morning.
[Murdock]: Why?
[Detective]: Because we’re going to book you.
[Murdock]: But, I just need time to ...
[Detective]: We all need time buddy. The time you need is the next five minutes before we leave here and go back up to Lake Park. This is your magic five minutes, buddy. Either cooperate ... and show that you’re trying to help and that you didn’t mean for this to happen cause you were supposed to be just the getaway driver ... or you swallow all that information you have—
[Murdock]:

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Cite This Page — Counsel Stack

Bluebook (online)
115 So. 3d 1050, 2013 WL 2494175, 2013 Fla. App. LEXIS 9282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdock-v-state-fladistctapp-2013.