Two days before the Jan. 7 murder of 64-year-old Harold Whitt Harper, Ocala Police Department Detective Mark Pfeifer testified in court April 29 that Isaac Ezekiel Toye walked into a Rural King carrying an AK-47 rifle inside a clear bag and asked about buying a scope.
Pfeifer said a store employee asked Toye to leave the store, put the gun away and return before making the purchase.
Toye left and later returned without the weapon. He bought a scope and a gun case, then left the store.
The day before, Toye had purchased a handgun but did not receive it because of Florida’s three-day waiting period.
According to testimony presented during the hearing, Toye suffers from anxiety and mental health issues. Toye is accused of shooting and killing Harper, and prosecutors argued he should be denied bond.
Toye’s attorney argued his client should not be held at the Marion County Jail and is entitled to a reasonable bond.
Judge’s decision and case background
After hearing arguments from both sides, Circuit Judge Barbara Kissner-Kwatkosky said based on the detective’s testimony, there was sufficient evidence against Toye. She said there were no conditions the court could impose that would keep the community safe if Toye were released.
Bond was denied. Toye’s next court date is a pretrial hearing scheduled for July. Court records show the 29-year-old has no local criminal history.
Defense attorney David Mengers represents Toye, while Assistant State Attorneys Rich Buxman and Amy Berndt are prosecuting the case.
Police officials and prosecutors said Toye shot Harper once in the back of the head with a handgun and walked away.
Authorities said Harper was gardening in his front yard in the 1000 block of Southeast Third Street and was wearing earbuds when he was shot. Toye was detained nearby by an officer, who recovered a 9 mm firearm and a magazine containing 11 rounds.
Harper, an insurance agent at Brown & Brown, loved gardening and was well known in the community. Friends told a Star-Banner reporter after the incident that Harper was easygoing, kind, loving, caring, a consummate professional and an all-around good guy.
Police officials said before shooting Harper, Toye approached another man who was sitting in a vehicle and attempted to get him to lower his window. The man refused and drove away, authorities said.
Originally charged with second-degree murder and aggravated assault with a deadly weapon, prosecutors successfully indicted Toye on first-degree murder in February.
Detective questioned by the defense
While on the stand, Pfeifer said multiple witnesses interviewed by detectives identified Toye as the man they saw before and after the shooting. During questioning, Berndt showed photos of the scene and played body camera footage of Toye being detained by an OPD officer.
The detective said Harper had been recovering from surgery and was using gardening as a form of therapy. Pfeifer said Harper appeared to be sitting when he was shot.
Pfeifer said Toye’s mother, Tammy Toye, who was present in court, was interviewed at the police station. She told officers her son had mental health issues, had graduated from college and was able to function day to day. Pfeifer said she later refused to answer most questions because she did not trust police. Investigators were also unable to interview Toye’s brother.
Pfeifer said detectives were able to locate the campsite where Toye had been living.
During cross-examination, Mengers questioned the detective, who said Toye did not speak with anyone immediately before the homicide. Pfeifer also said no one directly witnessed the shooting and investigators do not know Toye’s motive.
When asked about premeditation, Pfeifer said Toye went out of his way to shoot Harper, which he said demonstrated premeditation.
Toye and his mother questioned
Toye’s mother testified for the defense, saying she is unemployed and that her son served in the U.S. Army around 2020 before being discharged about a year later for behavioral and health issues. Police previously said Toye served less than 18 months of an eight-year enlistment and received a general discharge.
She testified that she was told her son was delusional, believed he was being watched and heard voices. Since his discharge, she said his behavior has been erratic and he frequently heard voices and yelled during conversations with her.
She said she believed he was receiving psychiatric care. If released, she said Toye would live with her and that she would monitor him. She added her other son would help care for him when he returned from work.
Under questioning by Berndt, Toye’s mother said she did not remember telling police how her son traveled from her Marion Oaks home to downtown Ocala. Investigators said Toye was seen walking downtown minutes before the shooting.
Toye disputed several questions posed by prosecutors.
Toye also testified, answering questions from his attorney. He said he would live with his mother if granted bond, would try to find work, receives disability benefits from the U.S. Army for mental health issues and would comply with the court’s orders.
Throughout the more than hour-long hearing, Toye remained handcuffed, stood at times and stared straight ahead.
Prosecution and defense make closing remarks
In closing, Berndt said Toye killed Harper in a random act that makes him a danger to the community. She said Toye’s mother could not adequately supervise him, does not trust police to alert her if he leaves and that Toye cannot be trusted.
Mengers argued the state’s case is entirely circumstantial and lacks evidence to support a first-degree murder charge. He said the case more closely resembles second-degree murder, emphasized Toye’s lack of a criminal record and said his client deserves bond. He suggested the court could impose conditions such as a curfew or an ankle monitor.
Contact Austin L. Miller at austin.miller@starbanner.com
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Bond denied for man accused of random killing of Ocala resident
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
USA TODAY Network via Reuters Connect
