Ocala judge sets bail for man charged with murder; defense says state's case is 'weak'
At the end of Daniel Hernandez's motion for his client Ralph Fontil – asking that the judge release the man on his own recognizance or at least set a reasonable bail – the defense lawyer wrote: "The Defendant prays that his motion be granted."
On Monday, that prayer was answered. Circuit Judge Robert Hodges set bail at $50,000 for Fontil, charged with first-degree murder in the shooting death of 18-year-old Kobe Bradshaw. Fontil made bail and was released from the Marion County Jail later that day.
Fontil, 23, of Silver Springs Shores, had been held without bail since his arrest in November. It's common for people facing first-degree murder charges to be held without bail while their cases are pending.
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At the hearing, Hernandez called the state's case "weak." In fact, he argued that if not for shell casings in evidence – Assistant State Attorney Toby Hunt told the court that the casings carry Fontil's DNA – Fontil wouldn't even be charged in this case.
Fontil and Jordan Merizier, now 18, are each charged with first-degree murder. Merizier was a juvenile at the time of his November arrest. Merizier remains at the jail with no bail. He also has other charges pending against him.
Lawyers' arguments aired in court
Defense attorney Hernandez said the state has no eyewitness who can put Fontil at the crime scene and no direct evidence that links Fontil to Bradshaw's death.
He said video and pictures shown during the hearing by the prosecution don't show Fontil, and supposedly incriminating cellphone tracking information – the state says it proves Fontil was near the crime scene at the time of the shooting – actually is not very specific.
The lawyer also noted that Fontil doesn't have a criminal record and does have strong community ties.
"We've got a lot of circumstantial evidence," Hernandez told the court.
Hunt told the court that the state's theory is that both Fontil and Merizier were at the scene of the deadly shooting and both fired shots. He said shell casings indicate at least two firearms were used in the shooting. Assisting Hunt was Assistant State Attorney Amy Berndt.
Hunt said recorded phone calls from the jail prove that Fontil wants to skip bail.
As for those incriminating shell casings: Hunt told the judge that DNA found on four of the 15 shell casings collected at the scene traced back to Fontil and two other people.
He also said Fontil has gang ties.
Listening to both sides, the judge had some questions.
First, the judge wanted to know more about the F-150 pickup truck shown on video footage driving near the crime scene. The judge said while the truck, and Fontil's tie to it, helped provide probable cause for the arrest, the description of the truck during the investigation had been vague.
Hodges asked about the DNA lab. He wanted to know why the Florida Department of Law Enforcement lab couldn't conduct the testing. He was told that another DNA lab was more advanced and the test could be done quicker.
As for the bail amount, Hernandez told the judge that he was court appointed and the family has minimal income. The court was told that a home would be used as collateral for a bond.
The details of Kobe Bradshaw's shooting death
Bradshaw was shot several times at a residence in Ocala Park Estates on June 5. Sheriff's detectives said the victim was shot by two masked suspects who escaped.
Bradshaw was visiting the residence and was in the garage when gunfire erupted. He managed to make his way into the home when he collapsed, deputies said.
Through their investigation, authorities said they were able to connect Fontil and Merizier to the crime by using surveillance video, cellphone locations, vehicle identification and social media postings.
The men originally were charged with second-degree murder. Prosecutors elevated the charges to first-degree murder because of the vicious nature of the crime.
Officials think Bradshaw's death was retaliation for the death of Chris "Chevy" Chevelon, a 15-year-old Vanguard High School student and football player who was shot and killed in December 2020 at Sutton Place Apartments.
That case was investigated by the Ocala Police Department. Prosecutors reviewed the case and determined the teen's killing was a case of self defense.
While out on bond, Fontil, per court order, cannot have any firearms or be around guns. He cannot have contact with his co-defendant, Merizier; cannot leave Marion County; must surrender his passport, if he has one; and can have no association with gangs.
Contact Austin L. Miller at [email protected]
This article originally appeared on Ocala Star-Banner: Defendant in pending Ocala, Florida murder case makes bail, leaves jail