Hart v. City of Groveland

On January 7, 2005, Giannis Avrampopulos was found dead of multiple gunshots on the side of a road in Lee County. The victim was last seen alive by his girlfriend the prior evening, allegedly in the company of appellee Damion J. Shearod and two other men. Mr. Shearod maintained that he was not with the victim that evening at any time, but the State of Florida prosecuted him for second-degree murder because an eyewitness, Maurice Joyner, placed him at the scene of the shooting wielding the gun. The jury found him guilty as charged but as a principal, because the jury also found that he did not possess the firearm. He moved for a judgment of acquittal or a new trial, and the trial court granted his motion for judgment of acquittal, which the State now appeals as permitted by Florida Rule of Appellate Procedure 9.140(c)(1)(E). While we share a number of the evidentiary concerns discussed by the able trial judge, we conclude that because the State managed--but just barely--to establish a prima facie case, we must reverse for a new trial.