Prosecutors will resume presenting their case Tuesday when the murder trial of Lloyd Preston Brewer enters its third day in Monroe County Circuit Court, following two days of testimony that began with opening statements Thursday and concluded Friday with eyewitness, surveillance, technical and forensic evidence.
In her opening statement, prosecutor Colleen Dunne told jurors the evidence would show Brewer was not acting in self-defense but instead escalated a confrontation into a fatal encounter. Dunne characterized the shooting as a close-contact injury and described the sequence as deliberate.
“This was not a warning shot. This was not a mistake,” Dunne said. “The evidence will show the defendant approached Garrett Hughes, disengaged, and then returned armed, firing at close range.”
Brewer, 60, is charged with first-degree murder in the Feb. 13, 2023, shooting death of 21-year-old Garrett Hughes in the parking lot behind Conchtown Liquor and Lounge in New Town’s Searstown Plaza following Super Bowl LVII celebrations. Proceedings are scheduled to begin at 8:50 a.m.
Prosecutors allege Hughes was killed by a single gunshot fired with expanding hollow-point ammunition during an early-morning confrontation after a day of drinking and partying.
Investigators say the encounter began after Brewer confronted Hughes for urinating on a building adjacent to the parking lot. Authorities have said the parking lot where the shooting occurred was owned by Brewer, but the building that was peed on was not.
Hughes was pronounced dead en route to Lower Keys Regional Medical Center.
Dunne and co-counsel Joe Mansfield opened the state’s case Thursday and continued tightening the noose Friday with eyewitness testimony, surveillance video and technical evidence.
“Premeditation doesn’t have a time limit,” Dunne told the jury.
Jurors have heard from Blake Arencibia and Logan Pellecier, who testified they attempted to warn Hughes moments before the confrontation and narrated surveillance footage prosecutors say shows the moments leading up to the shooting and its aftermath. Arencibia testified he immediately began rendering aid to Hughes while awaiting authorities.
Bar patron Melissa Roberts testified she was smoking in the parking lot when the shooting occurred and witnessed the encounter. Her emotional testimony, along with that of Arencibia and Pellecier, contradicted defense claims that Hughes was armed with a broken beer bottle. Roberts also disputed the self-defense claim, describing Brewer as calm and “almost cold-blooded” after the shooting.
Prosecutors also called bartender Ashley Whelan, who testified Brewer appeared irritated earlier in the evening after being told the bar was out of his preferred beer and later made sexual innuendos she found offensive.
During the second day of testimony, prosecutors presented technical evidence beginning with Belinda Diaz, who testified she handled 911 calls from both Whelan and Brewer in the immediate aftermath of the shooting.
Jurors also heard from responding officers, including Matthew Hansell, who testified Brewer’s firearm remained on the hood of a vehicle and unsecured when commands were issued for Brewer to step away.
Hansell said he warned Brewer he would “plug him full of holes” if he reached for the weapon.
Officers later secured the 9 mm handgun and testified the slide was closed, the magazine was missing and a single Black Talon hollow-point round was chambered — meaning it was live.
Former patrol officer, now detective, Jack Gruba testified Brewer showed signs of impairment, including slurred speech and the odor of alcohol. Prosecutors said Brewer’s blood-alcohol concentration later measured 0.111, nearly twice Florida’s legal limit, approximately seven hours after the shooting.
Jurors then heard from Jorge Mayorga-Lopez, who escorted Brewer from the scene to the police station. Mayorga-Lopez testified Brewer had not yet been advised of his Miranda rights and was making voluntary, unsolicited statements during the transport.
The officer said Brewer claimed he acted in self-defense and asserted that Hughes was the aggressor. Mayorga-Lopez testified he practiced “active listening,” acknowledging Brewer’s statements without questioning him.
Prosecutors emphasized the significance of those statements, noting that Brewer’s account was contradicted by eyewitness testimony and surveillance video and was later rejected when a judge denied Brewer immunity under Florida’s Stand Your Ground law.
During cross-examination, defense attorney Jerry Ballarotto questioned why Mayorga-Lopez did not document signs of intoxication such as slurred speech or the smell of alcohol over roughly 3.5 hours. The officer said his focus was on transport and safety. On redirect, Dunne asked whether everything needed to be included in a written report if it was captured on body-worn camera footage. Mayorga-Lopez said it did not. He also testified he did not recall Brewer mentioning a broken beer bottle.
Prosecutors also called Carson Hughes, whose testimony corroborated eyewitness accounts. A heated cross-examination led Mark Jones to excuse the jury, admonish both the witness and defense counsel, and call a recess.
Forensic testimony followed from Francesca Oniel, who testified DNA consistent with Brewer and Hughes was found on the firearm, supporting the prosecution’s account of a physical confrontation involving the weapon.
Testimony concluded Friday with Michael Pettee, who explained the department’s FARO 3-D scanning system and how it was used to generate precise linear measurements of the crime scene. Pettee testified he collected the data and provided it to investigators for reconstruction of the shooting.
On Tuesday, prosecutors are expected to call Monroe County Medical Examiner Michael Steckbauer as their lead witness, followed by lead KWPD investigator Marcus Del Valle, who is expected to conclude the state’s case.
Brewer has pleaded not guilty. If convicted, he faces a potential life sentence.
The trial is being livestreamed in a collaborative effort between Above the Fold and KWHS Conch 5 on YouTube and Facebook.
Both sides expect to rest Tuesday, with jurors potentially receiving the case for deliberations Wednesday morning.
