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Highlands Today

Tiller Murder Suspect Now Headed For Trial

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By BRAD DICKERSON

Highlands Today

Published: January 30, 2009

SEBRING - A plea agreement was withdrawn Thursday and one of the men charged in the November 2007 death of Samuel Tiller will now face a jury.

Gerald Edward Sanders, 19, was set to be sentenced after entering pleas of no contest on Dec. 18, 2008, to second-degree murder and armed burglary of a dwelling. His attorney, Deborah Wells, asked Judge Peter Estrada to pass sentencing for a few weeks so she could discuss some issues with her client.

"He is wanting to withdraw his plea," Wells said.

In addition to the aforementioned charges, Sanders had also changed his plea from not guilty to no contest in four separate cases. The counts included armed kidnapping with a firearm, burglary of a dwelling while armed with a firearm, robbery with a firearm, aggravated child abuse, grand theft and felony cruelty to a dog.

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 said he opposed a continuance, adding that it was a negotiated and extensive plea agreement the defendant signed.
Houchin also stated that the court went over "every possible question or combination of question," to make sure it was exactly what Sanders wanted to do.

"I understand he may have buyer's remorse at this time," Houchin said. "He would have much more buyer's remorse if he went to trial. He's looking at multiple life sentences, including a life without parole.

"The defendant negotiated (and) the state negotiated in good faith."

Estrada told Wells he would grant the motion for a continuance so the matter could be discussed further.

The judge also asked the defense attorney if she believed the motion to withdraw from the plea would be one she would join her client on, explaining that, if not, conflict-free counsel would have to be assigned.

"I think that's where we're at, judge," Wells said.

When the continuance was granted, Houchin then moved to withdraw from the plea agreement.

"I'm ready for trial," he said.

Estrada then allowed the defendant to withdraw from his plea agreement because of the state's motion.

"Mr. Sanders, I hope you understand what you've done here today," he said.

A jury trial status was scheduled for Feb. 4 in one of the four additional cases, with Feb. 9 set for jury selection.

A March 18 pretrial conference was set for the others, which includes the Tiller case.

"Gerald is not a bad kid," said Sanders' mother, Brendalyn Brown, on Thursday. "He just got with the wrong crowd."

On Dec. 12, 2008, Nicholas Mezie, another of the defendants, pleaded no contest to second-degree murder and armed burglary. He was sentenced to 25 years.

Both he and Sanders had testified in open court they broke a window out of the Tiller home, climbed in and opened the front door for the third suspect, Joseph Graham.

Eventually, Tiller surprised the three after hearing the commotion and was shot.

Mezie had testified that Graham later told them he had shot the victim on accident.

On Jan. 23, Graham pleaded guilty to first-degree murder and armed burglary of a dwelling. He was sentenced to life in prison without the possibility of parole.

Highlands Today reporter Brad Dickerson can be reached at (863) 386-5838 or bdickerson@highlandstoday.com

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