Appeal from the Circuit Court for Miami-Dade County, Miguel
de la O, Judge. Lower Tribunal No. 14-24825 A
J. Martinez, Public Defender, and Robert Kalter and Jonathan
Greenberg, Assistant Public Defenders, for appellant.
Moody, Attorney General, and Jonathan Tanoos (Tampa),
Assistant Attorney General, for appellee.
SALTER, LINDSEY, and HENDON, JJ.
Benjamin Curry ("the Defendant") appeals from his
conviction and sentence for first degree murder. For the
reasons that follow, we affirm.
Defendant and his brother, Nathan Curry, were charged with
the first degree murder of Lonnie Reese ("victim").
At the time of the homicide, the Defendant was sixteen years
old and Nathan was fifteen years old. The Defendant and
Nathan were tried separately, and during both trials, the
States position was that the Defendant actually discharged
the firearm and Nathan aided and abetted the Defendant in
committing the crime. At the Defendants trial, his defense
was that Nathan was the actual shooter and he (the Defendant)
did not assist Nathan.
opening statement, defense counsel argued, in part, as
You will see theres no physical evidence, whether it was
raining that day or sunny that day. There is no DNA of any
type. Theres no fingerprints of any type. Theres no nothing
of any type which connect Benjamin Curry to the shooting.
No blood is ever found with Benjamin Curry. No firearm is
found at all for that matter by the police. Youll see that
the police investigation, especially early on, when the
shooting took place is not really very good.
Youre going to see holes in the police investigation. Youre
going to see problem in the police investigation. Youre
going to see that after Mr. Reese passed away, the homicide
people from Miami-Dade Police Department took over the case,
and they went to begin their investigation. And it wasnt
very good either.
Youre going to see the flaw in the police investigation for
a shooting that took place in that Brownsville neighborhood
is not very good, not very thorough, and that the police