Due to the volume of requests for information involving the past case history of Wisner Desmaret, the suspect in the shooting of Fort Myers Police Department Officer Adam Jobbers-Miller, we are providing the following details of his criminal and incompetency history.
First to note is that the defendant was only deemed restored to competency by a judge last week for a pending case in Sarasota County, the 12th Judicial Circuit. He was released on pretrial supervision following his hearing on Thursday, July 19th, two days before this incident occurred. (See attached documents from Sarasota.)
In case number 16CO020310, the defendant was arrested on a charge of Open Container which the judge dismissed at First Appearance due to lack of probable cause being found and the defendant being found incompetent by a judge in case numbers 15CF018203 and 16CF015128. (See attached documents which include the Judge’s order and incompetency filing.)
In case number 16CF015128, the defendant faced charges of Burglary of a Structure, Preventing or Obstructing Extinguishment of Fire, Criminal Mischief ($1,000 or More), two counts of Criminal Mischief (More than $200), one count of Resisting or Obstructing an Officer without Violence, and one count of Petit Theft which were dismissed by the court due to the defendant being found incompetent by a judge. Another charge of Criminal Mischief (More than $200) was not filed on at intake.
In case number 15MM023427, the defendant was charged with Resisting or Obstructing an Officer without Violence which was nolle prossed due to the defendant being found incompetent by a judge in a pending felony case (15CF018203).
In case number 15CF018203, the defendant was charged with Preventing or Obstructing Extinguishment of Fire and Criminal Mischief ($1,000 or More) which was dismissed by the court due to the defendant being found incompetent by a judge.
In case number 14MM025187, the defendant was charged with Trespass Other than Structure/Conveyance (Notice by Actual Communication) which was nolle prossed due to Insufficient Evidence. (Per Assistant State Attorney notes this case law cited, LDL v. State 569 So2d 1310, gave the basis for the decision.)
In case number 11MM022498, the defendant was charged with Trespass in Structure or Conveyance and pled no contest to the charges. He was sentenced to 31 days in jail as well as various fines, fees, and costs. (See attached sentencing documents.)
In case number 11CF018712, the defendant was charged with Burglary of a Dwelling, Grand Theft of a Firearm, Possession of a Firearm by a Delinquent, and Resisting or Obstructing an Officer without Violence. The charges were nolle prossed based upon the request of the victim. There were also two counts of Possession of a Firearm by a Delinquent and one count of Resisting or Obstructing an Officer without Violence which were nolle prossed based upon not being able to go forward without the victim’s cooperation.
In case number 11CF018676, the defendant was charged with Resisting or Obstructing an Officer without Violence and Possession of a Controlled Substance which were nolle prossed due to insufficient evidence. (Per the Assistant State Attorney handling the case, the lab tests on the drugs showed it was not a controlled substance. The defendant was a passenger in the car.) He also had a charge of Smuggling Contraband into a Detention Facility which was not filed on at intake due to alternative prosecutorial action being taken.
In case number 11CF016518, defendant was arrested for Burglary of a Dwelling, Grand Theft (Over $300 under $5,000) and Possession of Marijuana (Not More than 20 Grams) which were all not filed on due to no sworn statements from material witnesses and the alleged victim could be not found.
In case 10CF018842, the defendant was charged with Burglary of a Dwelling which was nolle prossed for insufficient evidence.
In case 10CF014664, the defendant was charged with Burglary of a Dwelling which was nolle prossed for insufficient evidence. (Per Assistant State Attorney notes: the victims did not identify the defendant nor that defendants even made an attempt to enter.)
His previous juvenile cases were handled in juvenile court.
Wisner Desmaret Criminal and Incompetency History
Samantha Syoen
Communications Director
State Attorney’s Office
239-533-1125
ssyoen@sao20.org