FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Osceola County, Jon B. Morgan,
S. Purdy, Public Defender, and Edward J. Weiss, Assistant
Public Defender, Daytona Beach, for Appellant.
Moody, Attorney General, Tallahassee, and Pamela J. Koller,
Assistant Attorney General, Daytona Beach, for Appellee.
Victoria Elizabeth Rios, appeals her convictions for
first-degree murder and armed burglary of a dwelling.
Appellant asserts that law enforcement's delayed
administration of the warnings required by Miranda v.
Arizona, 384 U.S. 436 (1966), rendered her subsequent
waiver and incriminating statements made to law enforcement
involuntary. We agree, reverse Appellant's convictions,
and remand for a new trial.
David Damus, Konrad Schafer, and Juan Muriel were charged
with the murder of Eric Roopnarine (the victim) and armed
burglary with a firearm of the victim's home. Appellant,
a seventeen-year-old runaway, was living with Damus and
Muriel after she left her father's home. In need of rent
money, Appellant approached the victim through a cellphone
messaging application and offered sex for money. Appellant,
Damus, Schafer, and Muriel drove to the victim's home.
After the victim let Appellant into his home, she opened the
door for Damus and Schafer. Damus shot the victim, Schafer
stabbed him, and the trio searched the victim's home for
anything of value while Muriel waited in the vehicle. They
stole, among other things, a television, a PlayStation3, and
investigating another homicide, law enforcement found
Appellant hiding in a closet at Schafer's home. Following
the search of Schafer's home, law enforcement asked the
occupants of the home, including Damus, Muriel, and
Appellant, to come to the police station in Kissimmee for
questioning. Appellant was transported without handcuffs in
an unmarked police car. At the station, law enforcement
isolated Appellant in an interview room on the secured second
floor. Appellant remained in that location for over eleven
hours, during which time law enforcement officers interviewed
her intermittently three times.
first interview began around 3:00 p.m. and lasted
approximately twenty minutes. During that time, Detective
Georgie Torres questioned Appellant about a weapon that law
enforcement recovered at the Schafer residence. Afterward
Detective Torres left Appellant confined and isolated in the
room for approximately two hours. During the wait, Appellant
expressed her desire to leave. In response, an officer told
her to relax and that she could not always get what she
Rios, Appellant's father, arrived at the station at 5:00
p.m. Law enforcement instructed him that his wait "was
going to be a while," that he should leave the station
and get something to eat, and that they would contact him
again when they finished questioning Appellant. Believing
that law enforcement would not allow him to see his daughter,
Mr. Rios left the police station.
second interview began at 5:23 p.m. with Detectives Kristi
McElroy and Alex Bejerano. During the first forty minutes of
this interview, Detective McElroy developed a rapport with
Appellant by delving into her status as a runaway and asking
her whether she was a victim of human trafficking. The focus
subsequently turned to Appellant's relationship ...