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Published: December 13, 2008
SEBRING - One of the suspects charged in the November 2007 shooting of Samuel Tiller was sentenced to 25 years in prison at the conclusion of a Friday plea hearing.
Nicholas Michael Mezie, 18, entered pleas of no contest to second-degree murder and armed burglary of a dwelling.
Additionally, he changed his plea from not guilty to no contest in two separate cases. In one, he was charged with burglary of a dwelling and grand theft of $100 or more, while in the second he was charged with burglary of a dwelling while armed with a firearm and grand theft of $100 or more.
The sentences were 25 years for second-degree murder, 25 years for armed burglary, 15 years for burglary of a dwelling, 25 years for burglary of a dwelling while armed with a firearm and five years for each of the grand theft charges. They are set to run concurrently, or all together, for a total of 25 years.
Defense attorney Richard Pipkin told Judge Peter Estrada he felt there was a good chance two separate statements made to law enforcement in reference to the Tiller shooting would be suppressed. However, there was still other incriminating evidence, such as a taped recording.
"I felt there still would be, in all probability, a conviction even without those statements," Pipkin said to the court.
Assistant State Attorney Steve Houchin said he would stipulate to a factual basis in the other two cases, but asked for a "detailed, factual basis" in the homicide case since there are two co-defendants whose cases are still pending.
Those two co-defendants are Joseph Paul Graham, 19, and Gerald Sanders, 19, both of whom are charged with first-degree murder and armed burglary.
"I would ask the defendant (Mezie) to give a detailed, factual basis as to how he and the co-defendants came into possession of the firearm that was used, how they picked this particular house, how they entered the house and what they did," Houchin said.
Mezie told the court Graham had obtained the gun during the commission of a burglary earlier that particular night. As to how they picked the Tiller house, the defendant said, "we were just riding around and the house was dark."
"We slowed down the car, Gerald Sanders got out, threw a log through the window, no lights or nothing came on, we drove around the corner, came back and there still was no lights on," Mezie testified.
The defendant added he and Sanders entered the home through the broken window and went to let Graham in through the front door. Eventually, Tiller came in after hearing the commotion.
"I heard a gunshot," Mezie said. "I didn't know who shot or anything and then I just ran out the front door."
Mezie also testified that Graham later told them, "He shot and killed Mr. Tiller on accident."
"Could he explain how it was an accident if he (Graham) shot him in the back of the head?" Houchin asked. "Did he not make a statement that he shot Mr. Tiller to keep Mr. Tiller from identifying you and Gerald Sanders?"
"He did later in the paperwork, but not to me personally," Mezie answered.
Houchin also told the court Mezie did not physically possess a firearm and consideration was taken of his age and minimal participation. He said later the defendant would not be eligible for parole.
"I just think it's a shame that teenagers don't understand that if they're involved in something and a co-defendant does something of this nature that they then are held equally responsible," Houchin said.
The victim's wife was in court on Friday as well, but wished not to make any type of statement.
"Nothing's ever going to bring back her husband of 50-plus years," Houchin said.
Estrada asked Mezie if he wanted to make any type of statement, which the defendant did not.
The judge then asked Mezie if he, himself, had a grandfather, which he said he did.
"You know what you guys took that night?" Estrada said. "You took somebody else's grandfather."
"I understand, I completely understand," Mezie said. "I can't control somebody else's actions."
"No sir, you can control the actions," Estrada responded.
The judge then became angry when it appeared the defendant started laughing.
"You think something's funny?" Estrada said.
"No sir, I'm not laughing," Mezie said. "This is not a laughing matter."
"I think you think this is a joke, young man, and I hope you think about it for 25 years," Estrada said.
Sanders is scheduled for a plea hearing Dec. 18, while Graham is set for a pretrial conference Jan. 23. The state has previously filed a notice of intent to seek the death penalty for the latter defendant.
Highlands Today reporter Brad Dickerson can be reached at 863-386-5838 or bdickerson@highlandstoday.com
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