Brewer Seeks New Trial As Sentencing Looms
Defense argues jury instructions undermined Stand Your Ground theory.
With Conchtown Shooter Preston Brewer’s sentencing scheduled for Thursday, Feb. 26 at 1:30 p.m., his attorneys are asking Circuit Judge Mark Jones to grant the convicted murderer a new trial, arguing that critical jury instructions and evidentiary rulings deprived him of a fair proceeding.
In a motion filed Jan. 31 in the Lower Keys Criminal Division, Brewer’s lawyers contend the Jan. 21 verdict finding him guilty of first-degree murder in the 2023 shooting death of Garrett Hughes was “contrary to the law” and “contrary to the weight of the evidence.”
Brewer was originally charged in a five-count superseding indictment that included first-degree murder and four firearm-related counts. Prosecutors dismissed the additional counts immediately before trial and proceeded solely on the murder charge.
The motion centers on jury instructions tied to Florida’s Stand Your Ground and property-defense statutes. Defense attorneys Jerry Ballarotto and Mark Catanzaro argue Judge Jones erred by refusing to instruct jurors on Florida Statute 776.031, which permits the use or threatened use of non-deadly force to prevent or terminate a trespass or other interference with property and provides that there is no duty to retreat when using such force.
Brewer has maintained since his arrest that he was justified in confronting Hughes behind the Conchtown bar, where Brewer’s family trust owned or controlled the property. According to the defense filing, Hughes had exited the bar with a beer bottle and was urinating in the adjacent parking lot when the confrontation began.
During the encounter, Brewer drew his handgun. A struggle followed, and two shots were fired. Hughes was struck once in the abdomen and later died.
Prosecutors argued at trial that Brewer provoked the confrontation and was committing an aggravated assault when he pointed the firearm, which would have triggered a duty to retreat before using deadly force.
The defense argues the court’s refusal to give the requested non-deadly-force instruction left jurors without the legal framework to determine whether Brewer’s conduct leading up to the struggle was lawful. Without that instruction, the motion states, the jury was effectively left to conclude that Brewer’s actions constituted aggravated assault, eliminating his Stand Your Ground protection.
But the defense previously made a Stand Your Ground argument that was ultimately denied by Jones — known for giving attorneys plenty of leeway to prevent cases being overturned on appeal.
The filing also challenges the wording of the deadly-force instruction provided to jurors, contending that qualifying language added by the court deviated from Florida appellate precedent and improperly suggested that pointing a firearm could amount to threatened deadly force.
In addition, Brewer’s attorneys argue the court improperly limited cross-examination of a witness regarding statements Brewer made during nearly four hours at the police station following the shooting. The defense maintains it was prevented from exploring whether additional statements existed beyond the portion of video played for jurors.
There is no hearing currently scheduled on the motion, and sentencing is expected to continue as planned on Thursday, Feb. 26 at 1:30 p.m.
Brewer faces mandatory life in prison without parole.
Guilty as guilty is still guilty. He’s lucky he’s just getting life in prison and not the death penalty.