GUILTY FL - Derek Omasta, 31, shot and killed over parking dispute, Clearwater, 31 AUG 2019 *ARREST*

SeesSeas

FLORIDIAN
Joined
Jul 2, 2015
Messages
7,287
Reaction score
17,458
Suspect shoots, kills man after argument over parking spot in Clearwater, police say
Updated: Sep 1, 2019 / 03:01 PM EDT
CLEARWATER, Fla. (WFLA) — A man was shot and killed after an argument with another man over a parking spot in Clearwater Saturday night, the police department said.

Police said a verbal dispute took place between Derek Omasta, 32, and Deshon Powers, 26, at 1133 Grove St. around 11 p.m.

Police said the dispute over a parking spot escalated when Powers retrieved a gun from inside a house and shot Omasta.
[...]

Man shot and killed over parking spot, Clearwater police say
Updated: 10:02 AM EDT September 1, 2019
[...]
Omasta died not long after being taken to Morton Plant Hospital.

Powers is facing a first-degree murder charge. He was taken to the Pinellas County Jail.
‘None of this makes any sense,’ says widow of Clearwater man shot during dispute over parking
September 5, 2019
CLEARWATER — This was supposed to be a week of celebration for Derek and Samantha Omasta.

The couple learned last month that Samantha was expecting a child. They were going to announce it to family and friends on Thursday, her 32nd birthday.

Instead, she started her day at a funeral home to view her husband’s body.

Police say Derek Omasta, 31, was shot by a neighbor Saturday night as the two men argued about parking in front of the duplexes where they lived. Samantha Omasta was standing a few feet away as the argument unfolded and saw her husband fall.
[...]
The confrontation between Derek Omasta and 26-year-old Deshon Powers began about 11 p.m. with a “verbal argument over a parking dispute” in front of the duplex where Powers was staying at 1133 Grove St., according to an arrest report. The Omastas live in a duplex next door.

At one point in the argument, Powers entered his apartment, retrieved a handgun and came back outside, the report says. As the two men continued to argue, witnesses told police, Powers shot Omasta. No other details have been released. Detectives were still investigating Thursday.
[...]
Records show Powers was booked into the Pinellas County Jail on Sunday morning and released late Monday night after posting $750,000 bail. He is required to wear an ankle monitor as a condition of his release.

When a reporter visited this week, no one answered the door of the unit where Powers was living.

His legal team plans to “vigorously” defend him, said Theresa Jean-Pierre Coy, one of his three attorneys.

“We believe the first-degree murder charge is premature given information that we know was available to law enforcement at the time,” Coy said. She called her client “a really nice young man with a supportive family.”
[...]
 
A really nice young man doesn't go back into his home to get a gun and shoot a man dead.He can't claim self defense because he was safe in his home and could have called police.He chose to go back out and murder someone.
 
I'm rather amazed tha
‘None of this makes any sense,’ says widow of Clearwater man shot during dispute over parking
September 5, 2019
CLEARWATER — This was supposed to be a week of celebration for Derek and Samantha Omasta.

The couple learned last month that Samantha was expecting a child. They were going to announce it to family and friends on Thursday, her 32nd birthday.

Instead, she started her day at a funeral home to view her husband’s body.

Police say Derek Omasta, 31, was shot by a neighbor Saturday night as the two men argued about parking in front of the duplexes where they lived. Samantha Omasta was standing a few feet away as the argument unfolded and saw her husband fall.
[...]
The confrontation between Derek Omasta and 26-year-old Deshon Powers began about 11 p.m. with a “verbal argument over a parking dispute” in front of the duplex where Powers was staying at 1133 Grove St., according to an arrest report. The Omastas live in a duplex next door.

At one point in the argument, Powers entered his apartment, retrieved a handgun and came back outside, the report says. As the two men continued to argue, witnesses told police, Powers shot Omasta. No other details have been released. Detectives were still investigating Thursday.
[...]
Records show Powers was booked into the Pinellas County Jail on Sunday morning and released late Monday night after posting $750,000 bail. He is required to wear an ankle monitor as a condition of his release.

When a reporter visited this week, no one answered the door of the unit where Powers was living.

His legal team plans to “vigorously” defend him, said Theresa Jean-Pierre Coy, one of his three attorneys.

“We believe the first-degree murder charge is premature given information that we know was available to law enforcement at the time,” Coy said. She called her client “a really nice young man with a supportive family.”
[...]
[/QUOTE
I'm amazed that anyone can come up with $750,000 bail. He must have an extremely supportive family or he's independently wealthy.
 
Defendant Deshon Powers is INDIGENT (court determination), but he was released from jail "after posting $750,000 bail".
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx

https://ccmspa.pinellascounty.org/PublicAccess/CaseDetail.aspx?CaseID=18329204
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
OTHER EVENTS AND HEARINGS
09/06/2019 PD APPOINTED WRITTEN PLEA NG BY PD & DEMAND FOR DISCOVERY Doc # 17
09/06/2019 AFFIDAVIT OF INDIGENT STATUS Doc # 18
09/06/2019 DETERMINATION OF STATUS - INDIGENT Doc # 19
09/06/2019 INDIGENT CRIMINAL DEFENSE FEE ASSESSED Doc # 20

$50
09/04/2019 DESIGNATION OF EMAIL ADDRESS Doc # 11
09/04/2019 DEMAND AND REQUEST FOR COPY OF INFORMATION Doc # 12
09/04/2019 WRITTEN PLEA NOT GUILTY BY ATTORNEY Doc # 13
09/04/2019 MOTION FOR HEARING Doc # 14

DISPOSITIONAL/PRE-TRIAL
09/04/2019 DEMAND FOR DISCOVERY Doc # 15
09/04/2019 NOTICE OF APPEARANCE Doc # 16

THERESA JEAN-PIERRE COY, NORMAN A. HARRIS, JHENERR HINES
‘None of this makes any sense,’ says widow of Clearwater man shot during dispute over parking
September 5, 2019
Records show Powers was booked into the Pinellas County Jail on Sunday morning and released late Monday night after posting $750,000 bail. He is required to wear an ankle monitor as a condition of his release.
[...]
His legal team plans to “vigorously” defend him, said Theresa Jean-Pierre Coy, one of his three attorneys.
[...]
 
Defendant Deshon Powers is INDIGENT (court determination), but he was released from jail "after posting $750,000 bail".
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx

https://ccmspa.pinellascounty.org/PublicAccess/CaseDetail.aspx?CaseID=18329204
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
OTHER EVENTS AND HEARINGS
09/06/2019 PD APPOINTED WRITTEN PLEA NG BY PD & DEMAND FOR DISCOVERY Doc # 17
09/06/2019 AFFIDAVIT OF INDIGENT STATUS Doc # 18
09/06/2019 DETERMINATION OF STATUS - INDIGENT Doc # 19
09/06/2019 INDIGENT CRIMINAL DEFENSE FEE ASSESSED Doc # 20

$50
09/04/2019 DESIGNATION OF EMAIL ADDRESS Doc # 11
09/04/2019 DEMAND AND REQUEST FOR COPY OF INFORMATION Doc # 12
09/04/2019 WRITTEN PLEA NOT GUILTY BY ATTORNEY Doc # 13
09/04/2019 MOTION FOR HEARING Doc # 14

DISPOSITIONAL/PRE-TRIAL
09/04/2019 DEMAND FOR DISCOVERY Doc # 15
09/04/2019 NOTICE OF APPEARANCE Doc # 16

THERESA JEAN-PIERRE COY, NORMAN A. HARRIS, JHENERR HINES
I tried to say up above, how does anyone, much less an indigent one come up with $750,000 bail?!
 
Man facing Clearwater murder charge says victim lunged at him with knife
September 27, 2019
CLEARWATER — Derek Omasta pulled a knife and lunged toward Deshon Powers in the moments before Powers shot him last month, the shooter’s attorneys said during a news conference this week.

Clearwater police arrested Powers, 26, on a first-degree murder charge hours after the Aug. 31 shooting. He plans to invoke the state’s stand your ground law, his lawyers said Thursday. The law allows Floridians who feel threatened to respond with deadly force without having to retreat.

“Based on the circumstances, based on what happened that night, Deshon Powers is the hero in this case," said Jhenerr Hines, a Tampa lawyer representing Powers.

Omasta’s widow, Samantha Omasta, scoffed at that description of events. In an interview with the Tampa Bay Times on Friday, she denied her husband had a knife or made threats toward Powers and his friends.

Rather, she said, Omasta was reaching into his pocket to grab his phone to call their landlord in an attempt to work out the dispute, which started over a parking space. No knife was recovered during the investigation, according to both Hines and the widow.

“I’m in shock that they want to say that he’s a hero,” said Samantha Omasta, 32.

In a statement, Clearwater police spokesman Rob Shaw did not address the knife or the threat allegations directly. Rather, Shaw said detectives felt they had enough probable cause to make an arrest and it’s now up to the Pinellas-Pasco State Attorney’s Office to decide whether to pursue the charge.
[...]
At some point, Powers went inside his apartment and got a handgun. He then went back outside and, as the argument continued, shot Omasta.
[...]
But according to Omasta’s account, Powers never warned her husband, nor did her husband lunge toward or threaten Powers. Instead, she said, upon seeing the gun, her husband pushed her out of harm’s way. Then Powers fired at him three times.

Omasta said she believes the investigation will vindicate her husband. She experienced another loss this week when she learned she had miscarried the couple’s baby.

“Let them stick their foot in their mouth all they want,” she said. “In the end the evidence will show my husband is not the aggressor.”
 
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF

OTHER EVENTS AND HEARINGS
02/17/2020 PRE-TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE)
12/10/2019 ACKNOWLEDGMENT OF ADDITIONAL DISCOVERY Doc # 38
12/10/2019 OFF-CALENDAR (1:30 PM) (Judicial Officer LEY, NANCY MOATE) Result: HEARING HELD
12/10/2019 ORDER GRANTING - IN COURT Doc # 39

D/MTN TO WITHDRAW AS COUNSEL AS TO THERESA JEAN-PIERRE COY
12/10/2019 ORDER WITHDRAWING ATTORNEY Doc # 40
ATTORNEY WITHDRAWN
12/10/2019 WAIVED RIGHT TO SPEEDY TRIAL Doc # 41
12/10/2019 PRE-TRIAL HEARING SET Doc # 42
12/10/2019 MISCELLANEOUS TEXT Doc # 43

ATTORNEY THERESA JEAN-PIERRE COY IS HEREBY WITHDRAWN
 
Case seems to be moving quickly (for FL!) with subpoenas and depositions already.
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx

STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF

OTHER EVENTS AND HEARINGS
04/27/2020 PRE-TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE)
03/26/2020 MOTION (10:00 AM) ()

AMENDED MOTION TO INCUR COSTS OF A PRIVATE INVESTIGATOR.
02/26/2020 NOTICE OF TAKING DEPOSITION Doc # 61
02/25/2020 SUBPOENA RETURNED SERVED Doc # 62
02/25/2020 SUBPOENA RETURNED SERVED Doc # 63
02/21/2020 ACKNOWLEDGMENT OF ADDITIONAL DISCOVERY Doc # 52
02/21/2020 WITNESS SUBPOENA RETURNED Doc # 60
02/19/2020 SUBPOENA RETURNED UNSERVED Doc # 53
02/19/2020 SUBPOENA RETURNED UNSERVED Doc # 54
02/19/2020 SUBPOENA RETURNED SERVED Doc # 55
02/19/2020 SUBPOENA RETURNED SERVED Doc # 56
02/19/2020 SUBPOENA RETURNED SERVED Doc # 57
02/19/2020 SUBPOENA RETURNED SERVED Doc # 58
02/19/2020 SUBPOENA RETURNED UNSERVED Doc # 59
02/17/2020 PRE-TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE) Result: HEARING HELD
02/17/2020 PRE-TRIAL HEARING SET Doc # 50
02/17/2020 MOTION Doc # 51

TO INCUR COSTS OF PRIVATE INVESTIGATOR
02/14/2020 ACKNOWLEDGMENT OF ADDITIONAL DISCOVERY Doc # 48
02/14/2020 NOTICE Doc # 49

OF REQUEST FOR COSTS OF PROSECUTION PURSUANT TO F.S. 938.27
02/09/2020 NOTICE OF TAKING DEPOSITION Doc # 47
 
I tried to say up above, how does anyone, much less an indigent one come up with $750,000 bail?!
Then factor in the defense team.

Though some defense attorneys will take high profile cases pro bono to highlight their skills and obtain press time, this case does not seem to be high profile. Likewise, I don't think public defenders come in teams.

Regardless of attorney arrangements, the fact that the defendant retreated to safety,then returned with a gun should lead to s rejection of Stand Your Ground.
 
Suspect back in jail on 10/5/2021
Violation of Pretrial Release - On September 12th, 2021, Defendant did not charge the GPS monitor as instructed and allowed it to die, causing it to be inoperable.

Who`s In Jail -
Name R S Date of Birth Booking Date/Location Docket #
POWERS, DESHON MARQUICE B M 10/28/1992 10/5/2021 6:31:17 AM SD-GL-POD01-C3FLR-007 1876267

https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
02/08/2022 JURY TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE)
11/15/2021 PRE-TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE)
10/26/2021 CANCELED JURY TRIAL (8:30 AM) (Judicial Officer LEY, NANCY MOATE)

CANCELLED IN COURT
10/22/2021 MOTION Doc # 108
TO INCUR COSTS FOR DEPOSITION TRANSCRIPTS
10/14/2021 NOTICE OF TAKING DEPOSITION Doc # 107
10/07/2021 MOTION (8:45 AM) (Judicial Officer LEY, NANCY MOATE)

RE: MOTION TO REINSTATE PETRIAL RELEASE OR IN THE ALTERNATIVE SET REASONABLE BAIL
Result: HEARING HELD
10/07/2021 ACKNOWLEDGMENT OF ADDITIONAL DISCOVERY Doc # 105
10/07/2021 ORDER DENYING - IN COURT Doc # 106

D/MOTION TO REINSTATE PRE-TRIAL RELEASE OR IN THE ALTERNATIVE SET REASONABLE BAIL WITHOUT PREJUDICE
10/06/2021 CERTIFICATE OF DISCHARGE TO BOND AGENCY Doc # 104
10/05/2021 WARRANT SERVED Doc # 100
10/05/2021 ADVISORY - MALE, FELONY (1:30 PM) (Judicial Officer LEY, NANCY MOATE)

SPN/PersonID: 311377068 Case Number: 19-10576-CF Name: POWERS, DESHON Booking Number: SO1876267
Result: HEARING HELD
10/05/2021 COMPLAINT & ADVISORY Doc # 101
10/05/2021 ORDER OF PROBABLE CAUSE FOUND Doc # 102
10/05/2021 ADV HRG - NO CHANGE IN BOND Doc # 103
10/01/2021 NOTICE OF HEARING Doc # 99
09/30/2021 MOTION Doc # 98

TO REINSTATE PRETRIAL RELEASE OR IN THE ALTERNATIVE SET REASONABLE BAIL
09/28/2021 WARRANT Doc # 97
09/27/2021 ORDER TO ISSUE CAPIAS & BOND SET Doc # 96

$0

upload_2021-10-23_11-56-41.png
 
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
09/16/2022 PRE-TRIAL (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
09/16/2022 MOTION (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
RE: STAND YOUR GROUND
09/16/2022 MOTION (1:30 PM) (Judicial Officer MATTHEY, PHILIPPE)
RE: STAND YOUR GROUND
 
03/21/2023 JURY TRIAL
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
03/21/2023JURY TRIAL (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
BRING
01/17/2023PRE-TRIAL (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
BRING
11/16/2022TRANSCRIPT OF PROCEEDINGS Doc # 194
09/16/22 STAND YOUR GROUND MOTION HEARING VOLUME I
11/16/2022TRANSCRIPT OF PROCEEDINGS Doc # 195
09/16/22 STAND YOUR GROUND MOTION HEARING VOLUME II
11/16/2022TRANSCRIPT OF PROCEEDINGS Doc # 196
09/16/22 STAND YOUR GROUND MOTION HEARING VOLUME III
 
06/01/2023 GUILTY PLEA - MANSLAUGHTER
STATE OF FLORIDA vs. POWERS, DESHON MARQUICE
Case No. 19-10576-CF

DISPOSITIONS
06/01/2023Plea (Judicial Officer: MATTHEY, PHILIPPE)
1. MANSLAUGHTER
CHANGED PLEA TO GUILTY
06/01/2023Disposition (Judicial Officer: MATTHEY, PHILIPPE)
1. MANSLAUGHTER
NO TRIAL - ADJUDICATED GUILTY
06/01/2023Sentence (Judicial Officer: MATTHEY, PHILIPPE)
1. MANSLAUGHTER

Confinement (Effective 06/01/2023, Min. Not Applicable, Max. 135 Mo , DEPARTMENT OF CORRECTIONS)
Credit for Time Served: 614 Days
Provisions (
Special ProvisionSENTENCED UNDER GUIDELINES)
Attorneys at Sentencing (Lead Prosecutor VONDERHEIDE, NATHAN, Lead Defense HARRIS, NORMAN A)
Comment (FINE/COST $550.00; COST OF PROSECUTION $100.00; FINE/COST IMPOSED AS LIEN; INVEST COST $932.48 TO CW; INVEST COST AS LIEN)

OTHER EVENTS AND HEARINGS
06/27/2023CANCELED JURY TRIAL (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
CANCELLED IN COURT
06/13/2023JUDGMENT FOR FINE AND/OR COSTS Doc # 248
Vol./Book 22475, Page 1247, 1 pages
06/12/2023COPY OF JUDGMENT & SENTENCE TO ATTORNEY Doc # 247
06/05/2023COMMITMENT PACKET TO DEPARTMENT OF CORRECTIONS Doc # 246
06/02/2023SENTENCED UNDER GUIDELINES Doc # 244
06/02/2023PLEA / ADMISSION FORM Doc # 245
06/01/2023PRE-TRIAL (8:30 AM) (Judicial Officer MATTHEY, PHILIPPE)
BRING
Result: HEARING HELD
06/01/2023STATE AMENDS CHARGE Doc # 235
MANSLAUGHTER 782.07 / 775.087(1) 1F
06/01/2023LESSER INCLUDED FELONY Doc # 236
MANSLAUGHTER
06/01/2023JUDGMENT & SENTENCE (R) Doc # 237
Vol./Book 22462, Page 1461, 4 pages
 

Members online

Online statistics

Members online
80
Guests online
425
Total visitors
505

Forum statistics

Threads
625,550
Messages
18,506,038
Members
240,815
Latest member
Ms Scarlett 86
Back
Top