BREAKING: Prosecutors and Defense Rest in Conchtown Shooter Trial as Judge Rejects Bid to Dismiss Murder Charge
Jury instructions set for Wednesday morning; deliberations expected by midday
Prosecutors rested their case Tuesday in the murder trial of Lloyd Preston Brewer, accused of fatally shooting 21-year-old Garrett Hughes after a night of drinking and partying on Super Bowl Sunday in 2023, as a circuit judge ruled there was sufficient evidence for jurors to consider a charge of premeditated murder.
Lead prosecutor Colleen Dunne and co-counsel Joe Mansfield closed the state’s case after jurors heard testimony from the county medical examiner and a veteran Key West police detective who conducted Brewer’s post-shooting interview.
Shortly after the state rested, Circuit Judge Mark Jones denied a defense motion to dismiss the charge of premeditated murder against Brewer, ruling that prosecutors had presented sufficient evidence for the charge to proceed to the jury.
Jones rejected arguments from the defense that the state failed to establish the elements necessary to support a finding of premeditation, concluding that the evidence presented met the legal threshold required at this stage of the proceedings.
Brewer is charged in the Feb. 13, 2023, shooting death of Hughes, who was killed outside Conchtown Liquor and Lounge in the early morning hours following Super Bowl Sunday.
The defense had asked the court to dismiss the premeditated murder count, arguing the evidence did not support a finding that Brewer formed a conscious intent to kill. Prosecutors countered that witness testimony, forensic evidence and Brewer’s own statements provided ample basis for the charge.
In denying the motion, Jones said the state had presented sufficient evidence for a reasonable jury to consider whether the killing was premeditated, allowing the charge to remain intact as the trial moves forward.
Earlier Tuesday, jurors heard testimony from Monroe County Medical Examiner Dr. Michael Steckbauer, who testified that Hughes’ death was a homicide caused by a close-contact, penetrating gunshot wound to the torso.
Steckbauer walked jurors through autopsy photographs and explained the mechanics of the shooting, testifying that the firearm was pressed against Hughes’ abdomen and fired upward. He described extensive internal injuries caused by the expanding hollow-point bullet, including damage to Hughes’ spleen, liver, diaphragm and lower right lung.
“Typically with these types of wounds, it is highly unlikely to survive,” Steckbauer testified. “Even if it occurred right outside of a hospital.”
During cross-examination, defense co-counsel Mark Catanzaro suggested that Hughes, who had been drinking, may have been the aggressor and possibly pulled the gun into himself. Steckbauer testified that toxicology results showed Hughes’ blood alcohol concentration was 0.24, nearly three times Florida’s legal limit of 0.08.
Prosecutors then called then-Detective, now Sgt., Marcus Del Valle of the Key West Police Department.
Del Valle testified that he had a working relationship with Brewer and knew him personally. He told jurors he had been working with Brewer to address drug activity occurring in the rear parking lot of Conchtown Liquor and Lounge prior to the shooting.
Del Valle walked jurors through photographs of the crime scene and surveillance images, as well as body-worn camera footage from Brewer’s interview at the police station following the shooting.
He testified that Brewer indicated he would speak only with him and confirmed that Brewer waived his right to remain silent before the interview was conducted.
Del Valle said testing conducted at the station showed Brewer’s blood alcohol concentration was 0.111, nearly one and a half times the legal limit, approximately seven hours after the shooting.
He also testified that gunshot residue testing conducted on Brewer’s hands returned negative results, noting that false negatives are common due to the passage of time after a weapon is fired, hand movement and other factors.
When asked on redirect by lead prosecutor Colleen Dunne what affect the absence of residue on Brewer’s hands had in Del Valle’s decision to charge Brewer, he replied “None.”
Del Valle narrated footage of Brewer’s interview, which showed Brewer repeatedly stating that he felt threatened and acted in self-defense, using language that closely mirrors phrasing commonly taught in concealed carry permit classes and frequently cited in stand-your-ground claims.
Brewer also claimed that he saw Hughes reaching for something in his waistband — a claim refuted by four other eyewitnesses and surveillance video — but told Del Valle that he couldn’t see what it was.
The interview also showed Brewer attempting to persuade Del Valle to give him several days to get his affairs in order.
Instead, Brewer was arrested and transported to the Monroe County Detention Center on Stock Island, where he has remained since his arrest after failing to post a $3 million cash bond.
Under Florida law it is a crime to carry a firearm while under the influence of intoxicants and to bring a gun into drinking establishments.
The defense ultimately chose not to present any witnesses and rested its case — with Brewer declining to take the stand in his own defense.
Jury instructions are scheduled to begin Wednesday at 9 a.m., with jurors expected to begin deliberations around midday.
Live coverage will continue on YouTube and Facebook.
If convicted, Brewer faces the possibility of life in prison.
This is an evolving story. Watch this space.