Witness: Bradenton murder defendant Frank Brice carried gun night Teria'le Rawls was killed

MANATEE -- The jury in the Frank Brice murder trial Tuesday saw photographs of the bloodied car seat where victim Teria'le Rawls died, and heard testimony from witnesses who said they saw Brice with a handgun.

In the early hours of July 28, Rawls was shot in the head during an exchange of gunfire in the parking lot outside the Bradenton Carmike Royal Palm 20 theater, 5126 26th St. E., near U.S. 301 at State Road 70. She died 10 minutes later as she was being rushed to the hospital by her sister and friends.

Brice, 19, of Palmetto, who faces charges of being a principal to second-degree murder and possession of a firearm by someone under age 24 previously found delinquent, was arrested July 29 after turning himself in after detectives obtained a warrant for his arrest in Rawls' death.

If convicted, Brice could face life in prison.

Rawls' mother, Yolanda Snipes, bowed her head between her knees as her daughter's covered body was shown alongside the gold Dodge Avenger she died in. Photos showing the bloodied backseat where Rawls was shot and died, appeared to overwhelm Snipes and she left the courtroom.

Testimony later in the day also proved difficult for Snipes, who sat bent over as the jury was shown her daughter's autopsy photos during Assistant Medical Examiner Susan Utley's testimony.

"It's extremely unlikely anyone could survive this type of wound unless they got shot right outside a trauma center," Utley said.

Assistant State Attorney Brian Iten asked if she believed the wound was consistent with a 9 mm bullet and she agreed. During

cross-examination, defense attorney Terra Carroll addressed this.

"It could have been any bullet, right?" Carroll asked.

Utley agreed, saying she had no way to determine what type of bullet killed Rawls.

During redirect, however, Iten asked her if it could have been a bullet from a high-powered rifle. Utley said no, it came from a handgun.

Tia Burney testified she attended the same party Rawls did the night she died and saw her at the party and later at the after-party in the movie theater parking lot. She was outside the car she came in, Burney told Iten, when shots were first fired.

"When you ran to the car then, did you see anyone with a gun?" Iten asked.

"Yes, Frank," Burney said.

Carroll questioned Burney about statements she made to investigators describing how Brice visited her sister often, and now she claimed it was five years ago when he would frequently visit.

"You didn't correct the situation with law enforcement and say it was not always right now, but always five years ago," Carroll said.

"Oops," Burney replied.

Dexter Hodo also testified he went to the party where he saw Brice and later at the parking lot, where he also saw him. Iten questioned how he knew it was Brice.

"Everybody knows Frank," Hodo said.

Another witness scheduled to testify late Wednesday was not allowed to take the stand by Circuit Judge Diana Moreland after what is known as a Richardson hearing. Just prior to the witness being called, the defense learned he was changing his testimony.

Initially, the witness told investigators he didn't see who fired the shot, but in his most recent interview Monday evening the witness said he saw Brice with a gun in his hands five minutes before the shooting.

The state did not notify the defense, so Moreland ruled it was a substantial discovery violation. Moreland also ordered Carroll be allowed to depose the witness Wednesday evening and transcripts be expedited at the state's expenses.

A second defendant, Jasper Dudley, faces identical charges, and will stand trial separately during a two-week period beginning April 27.

Brice and Dudley are in custody at the Manatee County jail.

Testimony is expected to resume at 9:15 a.m. Thursday.

Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.

This story was originally published March 5, 2015 at 12:00 AM with the headline "Witness: Bradenton murder defendant Frank Brice carried gun night Teria'le Rawls was killed."