final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County, Marisa
Tinkler Mendez, Judge Lower Tribunal No. 09-30889A .
J. Martinez, Public Defender, and Manuel Alvarez, Assistant
Public Defender, for appellant.
Moody, Attorney General, and Gabrielle Raemy Charest-Turken,
Assistant Attorney General, for appellee.
SALTER, LINDSEY, and MILLER, JJ.
Kendrick Silver, challenges his convictions for first-degree
murder and conspiracy to commit armed robbery, contending the
lower tribunal erred in admitting
Williams rule evidence and hearsay by inescapable
inference during his trial. For the reasons set forth below,
we discern no error and affirm.
2006, Silver and his cohort, Oniel Pedley, embarked on a
crime spree spanning an eight-month time period. The episode
involved four armed robberies, two of which culminated in the
deaths of hapless individuals. Eventually, forensic evidence
and witness testimony betrayed the identity of the
December 16, 2006, Solemus Accimeus, then sixty-two years of
age, was working as an armed security guard at Esther's
Restaurant located on Northwest 103rd Street
("Esther's 103rd Street") in Miami-Dade County,
Florida. At the conclusion of his shift, Accimeus disarmed
himself, placing his firearm inside his vehicle parked at the
rear of the restaurant. Shortly thereafter, he was fatally
gunned down by a masked man attired in dark clothing. As
Accimeus was shot at close range, blood spattered on the
exterior of the assailant's mask.
Saunders resided in close proximity to the restaurant. On the
evening of the homicide, he detected the sound of gunshots,
immediately followed by the reverberation of an accelerating
engine. Moments later, he observed a man he later deduced to
be the perpetrator of the homicide, cloaked in a ski mask and
dark apparel. As the man traversed the street, secreting
himself between parked vehicles, he locked eyes with Saunders
and brandished his firearm. Saunders sought refuge underneath
his vehicle and the individual fled, discarding numerous
objects along the way.
detectives responded to the crime scene and discovered
several items of evidentiary value, among them the ski mask.
Nonetheless, the case remained unsolved for a protracted
period of time. Eventually, law enforcement officers
interviewed Pedley's girlfriend and confidante, Shana
Wright. Wright was not extended immunity during her initial
statement. She inculpated both Pedley and Silver in multiple
crimes, but she did not originally disclose any knowledge
regarding the homicide.
after obtaining Wright's statement, Miami-Dade Police
Department Homicide Detective Michael Scott sought and
procured DNA samples from Silver and Pedley. A forensic
analysis of the ski mask later revealed Silver as a possible
contributor to serological specimens recovered from three
areas of the interior, at varying degrees of statistical
significance, and Accimeus as a contributor to a blood sample
harvested from the exterior. Additionally, Accimeus's
blood was identified on a semi-automatic firearm, an item of
clothing, a piece of twine, and gloves recovered from the
was arrested for a third-unrelated robbery, and agreed to a
plea bargain requiring her to testify under a grant of
immunity. She eventually recounted that, while studying at
Florida International University ("FIU"), she
allowed Pedley, Silver, and Silver's girlfriend, Jonika
Maynor, to reside in her dormitory room located on the FIU
Biscayne Bay Campus. At that time, Silver was employed at
Esther's Restaurant on 27th Avenue ("Esther's
27th Avenue"), also located in Miami-Dade County,
Florida, and Pedley was employed at Esther's 103rd
Street. Each man owned a firearm. The men routinely wore two
layers of dark ...