One of two men charged in a 2023 shooting death outside an Ocala Burger King has pleaded guilty and been sentenced to a 15-year prison sentence.
His co-defendant has decided to take his case to trial. Jury selection is set for June 29.
On June 25, David Smith III pleaded no contest to third-degree murder with a firearm. Smith, 23, will be credited with the 917 days he has spent at the Marion County Jail awaiting resolution of his case. The 15-year prison term also covers additional charges of resisting an officer without violence and drug possession.
According to Ocala Police Department Detective Mike Diesso, the lead on the case, the victim was 28-year-old Jose Valliant.
On Nov. 3, 2023, Valliant met with someone at the Burger King parking lot, 2301 E. Silver Springs Blvd., Ocala. There was an altercation, and Valliant was shot. He later died.
During his investigation, Diesso discovered the shooting was over a drug deal between Smith and Valliant that went bad. The reported deal occurred in the parking lot of the fast food restaurant, according to police.
Diesso is presently a sergeant and supervisor at the OPD.
Kevin Latrell Coleman Jr. placed Valliant in a vehicle after the shooting and took him to a hospital. Officers said Coleman, 31, is currently in prison serving time for obstructing a criminal investigation and weapons charges. Records show Coleman is scheduled to be released in October.
Two other individuals, Tulana Joshua and Peter Jackson Matthews, both 36, were also charged in this case. Joshua was charged with principal to evidence tampering; her case was resolved with adjudication withheld. Matthews was charged with tamper with or fabricate physical evidence. He served time in prison and has since been released, according to state documents.
At a status hearing held June 26 in front of Circuit Judge Steven Rogers, the court was told that jury selection is set for June 29 for Jaylin Robert Johnson, 23. He is charged with principal to third-degree murder in the death.
If Johnson, who’s free on bond, is found guilty by a jury, he faces a maximum sentence of 15 years in prison. His lowest sentence is a little more than 10 years.
Johnson’s attorney is Shane Bachman of Ocala. Assistant State Attorney Adam Smith is prosecuting the case.
Bachman told the court on June 26 that neither he nor the prosecutor intend to call Smith as a witness at trial. He said he and his client have decided not to file a stand your ground motion.
Prosecutor Smith told the court his office didn’t extend a plea offer to Johnson because the defendant indicated he wanted some sort of noncustodial supervision, which was rejected.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: One of two men accused in Burger King parking lot death resolves case
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
USA TODAY Network via Reuters Connect
By Austin L. Miller, Ocala Star-Banner | USA TODAY Network
