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Published: December 19, 2008
SEBRING - For the second time in less than a week, a suspect charged in the November 2007 shooting of Samuel Tiller entered into a plea agreement.
Gerald Edward Sanders, 19, entered pleas of no contest to second-degree murder and armed burglary of a dwelling at a Thursday hearing.
Additionally, he changed his plea from not guilty to no contest in four separate cases. In one, he was charged with two counts of armed kidnapping with a firearm, burglary of a dwelling while armed with a firearm, robbery with a firearm, aggravated child abuse and felony cruelty to a dog.
In the second, Sanders pleaded no contest to robbery with a firearm; the third case's counts were burglary of a dwelling and grand theft; and the fourth's charges were burglary of a dwelling while armed with a firearm and grand theft.
The sentences in all five cases were set to run concurrently for a total of 35 years in Florida State Prison.
Assistant State Attorney Steve Houchin presented a factual basis for the Tiller case and each of the four separate cases. In the final one, he said the state was prepared to show that, on Nov. 24 to Nov. 25, 2007, Sanders entered a home and removed property valued at more than $100.
"During that burglary, Joseph Graham, who was a co-defendant of the defendant (Sanders) in that case, stole a handgun that was later used in the Tiller homicide," Houchin said to the court.
Sanders said that is what happened in that particular case.
Graham is the third defendant charged in the Tiller killing. He faces counts of first-degree murder and armed burglary.
On Dec. 12, Nicholas Mezie, another defendant, also pleaded no contest to second-degree murder and armed burglary. He was sentenced to 25 years.
During that hearing, Mezie told the court he and the two co-defendants picked the Tiller house because it was dark. After breaking out a window, they drove around the corner, came back and discovered the house still had no lights on.
Mezie added he and Sanders entered the home through the broken window and went to let Graham in through the front door. Eventually, Tiller surprised the three after hearing the commotion.
"I heard a gunshot," Mezie previously testified. "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."
At Sanders' Thursday hearing, Houchin provided a very similar factual basis in reference to the actions taken by the three defendants the night of the homicide before discussing alleged statements made by Graham.
"Mr. Sanders and Mr. Mezie heard a gunshot and later Joseph Graham told them that he had shot Mr. Tiller," Houchin said.
"Mr. Sanders, is that what happened?" Judge Peter Estrada asked the defendant.
"Yes, sir," Sanders responded.
Defense attorney Deborah Wells requested a pre-sentence investigation for her client. Sanders is scheduled to be finally sentenced on Jan. 29.
Sitting in the audience during the proceedings was Gerald Barnes, the defendant's father. He said his son was "not a bad kid," and was two credits away from graduating high school prior to the incidents he pleaded no contest to on Thursday.
"He just got caught up in a bad situation," Barnes said.
Graham is set for a pretrial conference Jan. 23. The state has previously filed a notice of intent to seek the death penalty for him.
Highlands Today reporter Brad Dickerson can be reached at 863-386-5838 or bdickerson@highlandstoday.com
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