Of the 14 shots fired from a semi-automatic rifle at a pickup truck on Dec. 2, 2023, two struck Griffin Chase Smith in the back and ultimately killed him, Assistant State Attorney Amy Berndt told a jury on March 3.
The state told the jury the defendant, who was 13 at the time and is now 16, fired those shots.
The defense told the jury the state can’t prove that assertion.
The state and defense opening statements were delivered March 3 inside Circuit Judge Tim McCourt’s courtroom. Because of the age, the defendant is not being named in the Star-Banner.
The bullets caused severe internal damage to Smith, who attempted to get away from the hail of gunfire, the state said. Smith managed to drive nearly a mile before he crashed into some trees near the Marion Oaks Community Center.
Some people playing basketball nearby heard the crash and rushed to the location. Seeing someone inside the truck unresponsive, they called 911.
Marion County Sheriff’s deputies arrived and removed Smith from the vehicle. They performed live-saving measures. Medical personnel got to the scene and took Smith to HCA Florida Hospital, where he later died, Berndt told the jury.
Smith was 19. The defendant, charged with first-degree murder with a firearm, faces life in prison if convicted. Since he is a juvenile, Florida law does not allow the state to seek the death penalty.
Berndt and Assistant State Attorney Toby Hunt are prosecuting the case. The defense lawyers are Jose Rodriguez and Cheyenne Whitfield of the Rivas Law Firm. An eight-woman jury, with two alternates, is hearing the case.
The state’s opening statement
Continuing with her opening statement to jurors, Berndt said Smith met with the defendant at the Dollar General in Marion Oaks to purchase a Glock handgun for $350. She said the defendant was given a ride to the scene by two men.
The prosecutor said the defendant wanted more money and told Smith he never received the Cash App payment for the gun.
Berndt said Smith knew the money was sent. Smith and the defendant argued. Then, the prosecutor said, the defendant fired numerous shots at Smith with the goal of taking his life.
Sheriff’s detectives investigating the shooting found two guns in the vehicle: a Glock and a Sig Sauer handgun. The second firearm belong to the truck’s owner.
Sheriff’s officials recovered Smith’s cellphone and provided information showing messages exchanged between him and the defendant, according to the state.
From their investigation, detectives were able find Instagram messages that they say connect the defendant and Smith. A DNA swab from the Glock showed Smith and the defendant had touched possession of the firearm, the prosecutor said.
The state says it was able to conclude that the defendant was in the area at the time of the shooting by examining his cellphone data and through witness statements.
Defense opening statement
Defense attorney Rodriguez told jurors the state won’t be able to prove its case. It can’t produce evidence proving his client was at the shooting location, nor can it prove he had plans to sell a firearm to the victim.
The defense lawyer said the prosecutor made reference that the defendant was with two other people. He said neither of those two people called law enforcement, reported anything about a shooting, or tried to prevent the defendant from completing an alleged transaction.
The defense said though the prosecutor suggests DNA recovered from the Glock matches the defendant, the gun also was probably handled by other people.
Witness testimony
One woman told the court she heard gunshots and saw someone entering a vehicle. The witness was unable to identify the person going into the vehicle or anyone else who may have been inside it.
The witness also could not identify the vehicle or the race or gender of the person or persons at the scene. She said she saw a gun, but could not identify the firearm.
Jurors in this case are allowed to ask questions in writing, as approved by the court. A question for this witness: Why didn’t she call 911?
The witness said it happened so fast and she was nervous. She eventually called 911.
As for the multiple shell casings discovered by the Dollar General: A deputy testified that he would not know if the casings had been there before this shooting.
One of the two men who was with the defendant at the time of the shooting testified, telling the court that the defendant had asked him to pick him up in Marion Oaks and take him to Williston.
The witness said he drove from Newberry to Marion Oaks to get the defendant. He said the defendant asked him to drop him off at the Dollar General.
At the Dollar General, the man testified, the defendant got out of the vehicle. He said he and the other man were listening to music on their earphones.
The man said the defendant returned to the vehicle roughly five to 10 minutes later and told him he was ready to go. He said he dropped the defendant off in Williston and went about his business.
He said about a year later, he got a text from the defendant saying stop playing. He said the message confused him.
Prosecutors introduced cellphone data that pinpoints the directions and movements of the defendant and the two other men on the day of the shooting. The state also provided evidence of the Cash App transaction for the firearm purchase.
Testimony continues March 4.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Teen on trial, charged with murder in 2023 shooting death
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
USA TODAY Network via Reuters Connect
