A judge this week partly sided with the defense of a teen accused of killing a Cape Coral 15-year-old nearly two years ago.
Thomas Stein, now 18, of North Fort Myers, faces one count of first-degree murder and three counts of attempted armed robbery in the March 17, 2024, death of Kayla Rincon-Miller. His trial is now delayed until late April.
During a Feb. 2 motions hearing, Lee Circuit Judge Nicholas Thompson OK’d the dismissal of a conversation the parents of co-defendant Christopher Horne, 18, recorded without the knowledge of Jessica Stein, Thomas Stein’s mother.
The motion argued the state obtained the conversation in violation of Florida’s Security of Communications Act, which states in part that, “It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing any criminal act.”
The investigation suggests that the mother of one of the surviving teens with Rincon-Miller told her daughter that Thomas Stein was a suspect. Stein’s attorney, Robert Malove, asked to suppress that statement.
Thompson will stop the girl from identifying Thomas Stein at trial.
The judge, however, reserved ruling on nine of the 11 concerns Malove raised in a Dec. 30 motion.
Malove had also sought the exclusion of photographs of firearms not used in the slaying; social media evidence; improper expert testimony; graphic or inflammatory images; and unauthorized hearsay.
Christopher Horne, 18, of Cape Coral, on Sept. 19 pleaded no contest to second-degree murder in the case before Lee Circuit Judge Nicholas Thompson. The plea deal carries a 25-year prison sentence on the condition that he continues to cooperate with authorities and testifies against Stein.
On March 17, 2024, Rincon-Miller was walking with two friends from the movie theater at 2323 Del Prado Blvd. S., to a nearby McDonald’s.
As they approached Southeast 20th Street, the report says, a “fancy” silver SUV blinded them with the high beams and several males got out.
Two of them showed guns and demanded the girls give them their bags, police said. One of Rincon-Miller’s two friends told authorities she heard three gunshots and realized Rincon-Miller had been shot.
Lee County sheriff’s deputies, along with Cape Coral Police, arrested Thomas Stein in North Fort Myers three days after the slaying. Horne was later connected to the killing.
Authorities also arrested Horne’s parents and aunt on tampering charges but later dropped them.
A detailed Cape Coral Police report also indicates Thomas Stein was not the shooter and says a third suspect accompanied Horne and Stein. Police have not released information on the third suspect.
Thomas Stein’s trial could start as soon as April 27.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@usatodayco.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Bluesky @tomasfrodriguez.
This article originally appeared on Fort Myers News-Press: Trial delayed for teen in killing of 15-year-old Kayla Rincon-Miller
Reporting by Tomas Rodriguez, Fort Myers News-Press & Naples Daily News / Fort Myers News-Press
USA TODAY Network via Reuters Connect
