Murder suspects seeking trial delay after third suspect takes deal and turns witness

Less than two weeks before the first trial date for two men charged in the double murder of a Bradenton couple during a July 2015 armed home invasion, the defense for both are seeking delays after the third man charged will now be testifying against them as part of a recent plea deal.

Jimmie McNear, 20, Trey Nonnombre, 21, and Terez Jones, 34, were each indicted on two counts of first-degree murder and armed home invasion in the slayings of Esther Deneus and her boyfriend, Kantral Markeith Brooks, both 29.

On July 9, 2015, Bradenton police officers responded to the home shared by Deneus and Brooks in the 3900 block of Southern Parkway West after their security alarm system was triggered by a break-in. The couple was found shot dead by the time officers arrived.

The couple’s five children — between the ages of 1 and 11 at the time — were in the living room, not far from Deneus’ body.

On May 1, Jones pleaded guilty to two counts of second-degree murder and armed burglary and was sentenced to 25 years in prison by Circuit Judge Diana Moreland with credit for the time he has already served.

As part of his deal, Jones must testify truthfully against McNear and Nonnombre.

On Tuesday afternoon, when McNear and Nonnombre appeared before Moreland, the defense for each argued for a delay in the trial citing the need to now investigate Jones as a witness as one of their reasons. Each of the three men had been scheduled to be tried separately with trial periods set to begin June 12 and Sept. 11 this year and Jan. 16, 2018.

McNear’s appointed co-counsel, William Bennett, also requested the case be delayed because several expert witnesses were not yet prepared for trial. They also have a new witness in the case — after days ago filing a notice of an alibi with the court — but that witness wouldn’t be available to be deposed by both sides until July.

Moreland said she would rule Thursday, when both defendants are scheduled to be back in court.

In McNear’s case, discussions on whether to remove Charles Lykes as the lead appointed attorney for the defense were also addressed. Moreland said she had serious concerns that there was not a good use of time and resources and it could be interfering with justice.

Despite Lykes disagreeing with Bennett about a lack of communication, he said that if he were obstructing justice, he agreed Moreland should just remove him. Moreland said she would issue an order on her ruling but told Lykes that she would likely be removing him.

Bjorn Brunvand, defense attorney for Nonnombre, argued that they needed time to investigate Jones, including everyone he’s had contact with at the jail since his July 2015 arrest, including recorded jail calls and visits. Based on recently completed psychological evaluations, Brunvand said their expert suggested brain scans be done.

Moreland chuckled before she said, “So you are telling me no matter what, you can’t be ready to go to trial until January 2018.”

Moreland said she needed further explanation.

“Right now I don’t see any reason other than seeing a fishing expedition,” Moreland said before denying the request.

Moreland said she would reconsider if Brunvand can provide additional details, which he indicated he will try to do by Thursday.

Assistant State Attorney Art Brown agreed with Moreland that it appeared to be a fishing expedition. In addition, he also said he would have to check with detectives to see how long jail calls are retained normally since there had not been a previous request to preserve them. Visits are never preserved unless requested, Assistant State Attorney Rebecca Muller added.

Both men will be back in court at 8:30 a.m. Thursday when Moreland will continue to hear arguments in motions in the case, including further attempts by both defense teams to stop the state from seeking the death penalty.

This story was originally published May 30, 2017 at 7:15 PM with the headline "Murder suspects seeking trial delay after third suspect takes deal and turns witness."