Ortiz murder trial underway

Published 9:30 am Tuesday, October 22, 2013

Editor’s note: The events below are from Monday’s proceedings. The trial is expected to last at least all week.

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The murder trial for Anthony Michael Ortiz, an 18-year-old accused of first degree murder when he was 16, got underway Monday morning before a jury inside a Suwannee County courtroom.


Ortiz is charged with the shooting death of 49-year-old Charles David Napier, who was found shot to death Sunday night, April 29, 2012, at the 6074 127th Place home in which he lived with his mother. Suwannee County Sheriff Tony Cameron stated that Napier’s body was discovered around 7 p.m. in the kitchen of the home. Cameron said that Napier’s mother discovered him after she returned home from a family trip in West Florida. 


Ortiz was allegedly visiting Napier at the home the night of the murder. 


Third Judicial Circuit Judge David Fina is presiding over the case and began the morning by hearing opening statements from Assistant State Attorney Craig Jacobsen.


Jacobsen began his presentation to the jury by explaining the events surrounding the murder of Napier. According to Jacobsen, Napier was at his home on the evening of Saturday, April 28, 2012, when Ortiz allegedly shot Napier nine times. 


Jacobsen said they will prove that Napier was shot from behind, probably while he was cooking at the stove, due to the evidence at the scene. Jacobsen said Ortiz has stated he left the stove on after shooting Napier because he thought it would burn the house down and that Ortiz “shot him in the head to end it.”


Following his comments, Jacobsen said, “The state will ask you (jury) for a finding of guilty at the end of this case.”


Ortiz is being tried as an adult.


Defense Attorney Cliff Wilson reserved his opening comments until a later time.

The witnesses


The first witness called to the stand was Sandra Napier, the mother of the victim. According to her statement, she suffers from Parkinson’s disease, and said her son had moved back home to help her. Just days before the murder, Sandra Napier said she had left to go to St. George Island with her daughter, Melinda Scott, who was accompanying her husband to a Rotary conference in Panama City. When Sandra Napier returned home from the trip, Scott helped move their baggage from the car and Sandra Napier stated she would get her son to help move the bags in the home.


When Sandra Napier called for her son, she stated she didn’t get a response. She then noticed the kitchen lights were on and when she entered the kitchen, she saw her son on the floor and appeared to be deceased due to apparent gunshot wounds.


Sandra Napier then called for Scott who notified emergency officials.


Scott then took the stand to confirm the events surrounding the death of her brother. Scott said she left on April 26, 2012, to go with her husband to the Rotary event in Panama City. Upon returning on April 29, Scott said they were unloading Sandra Napier’s baggage when the mother discovered David Napier was dead.


Brittany Auclair, a crime scene analyst with the Florida Department of Law Enforcement, was assigned to the case when it was reported. Auclair responded to the scene and collected evidence. Auclair confirmed the items in the courtroom were indeed the items at the crime scene, which included bullets recovered, the gun and other evidence. 
According to Auclair’s observation, when she did a walk-through of the home, every room appeared to be clean and in order. However, in David Napier’s bedroom, his wallet, cell phone and several other items were laying loosely on his bed. It is believed that cash, approximately $80-$90, was removed from the wallet at the time of the incident.


According to Timothy Ortiz, the defendant’s younger brother, he assisted Anthony Ortiz in hiding pieces of the evidence from the scene.


According to Timothy Ortiz’ testimony, Anthony told his younger brother he had shot a guy. He told the court his brother did own a pistol and said it was a .40 caliber and recognized the gun that Jacobsen was holding. Timothy Ortiz said his brother asked him to help hide the evidence, that was later found in a plastic Walmart bag.


Frank Turman of Columbus, Ga., and a relative of the Napiers, stated he was at the residence the day of the murder around 6 p.m. Turman was down for his wife’s family reunion, and stopped by to see Sandra Napier. Upon his arrival at the residence, he observed a green car parked in the front yard which was “highly unusual.”


“People always used the back entrance and enter the house through the sun room,” Turman said. “I noticed there was a car in the front yard, that was highly unusual.”


Turman said around 6 p.m., he knocked on the front door and was greeted by David Napier. Turman said he never entered the home since he was notified Sandra Napier was away, but he did observe an individual, believed to be Ortiz, sitting in his view.


Darien Simmons served as a witness Monday.


About two weeks prior to the incident, Simmons said he and Anthony Ortiz began conversing about trading vehicles. Both individuals wanted to have mechanics check out the cars prior to the switch. However, on Sunday, following the alleged Saturday evening murder, Anthony Ortiz allegedly told Simmons he didn’t need a mechanic to look at the car and was ready to trade. The next day, the trade took place. Simmons confirmed the car to be a 1992 or 1993 Honda Civic.


SCSO Investigator Robbie Sammons was one of many investigators involved at the crime scene. Following the incident, Sammons met with Anthony Ortiz at his house for an interview in their dining room. Sammons said Anthony Ortiz willingly talked and verified his phone number to match text messages that were submitted as evidence.


Jasmine Tell, a Verizon Wireless records custodian, was called to the stand to confirm the authenticity of the text messages that were sent the day of the alleged murder.


SCSO Sergeant Chris Fry served as a witness Monday. Fry conducted an interview with Anthony Ortiz which ultimately led to his arrest.


According to Fry, during an interview, Anthony Ortiz told him he had known David Napier for a few days. When Fry first asked him if he had been at the residence, he said he had been there that Thursday and Friday, but not Saturday. Ortiz later confessed he had been there on Saturday, but said he left by 5 p.m.


Fry said Anthony Ortiz’ emotional state during the interview was “calm, very cool.”


SCSO Investigator Shawn Larney, Ortiz’ father, Ralph, and Jessica McCullers were among others who testified Monday.