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McNamee v. State6/29/2005
The defendant appeals his conviction and sentence on two counts of premeditated first degree murder, one count of robbery with a firearm, one count of burglary of a dwelling while armed, and one count of grand theft of a firearm. He raises several issues concerning the trial court's denial of his motions to suppress. We affirm.
On a Friday afternoon, Officer Kryak responded to the scene of a double murder, where he received a description of the suspect: a white or Hispanic male, average size, thin build, wearing a striped shirt. The suspect was seen running from the scene. Officer Kryak began to drive his car in the direction the suspect had taken.
Other officers established an outer perimeter at key intersections to look for the suspect and identify witnesses. Those officers stopped a vehicle in which the defendant was a passenger. The officers completed interview cards on the three occupants, which included their names, ages, dates of birth, social security numbers, addresses, heights, weights, scars, marks, and tattoos. They were then allowed to leave.
Meanwhile, the detective who responded to the murder scene observed the two victims with gunshot wounds to the back of their heads, seated in the front seat of a parked car. The detective obtained one victim's name by running the license tag on the car. The second victim had a student identification card from Port St. Lucie High School.
The detectives found a cell phone in the console of the car and began logging the numbers from the most recent calls. One of the calls was from the defendant.
The police worked with one of the eyewitnesses to develop a composite sketch of the suspect, which was then aired on the news. Later that night, a Port St. Lucie High School student called 911 to advise the police that the composite sketch looked like the defendant, Paul McNamee.
Because one of the victims was a student at Port St. Lucie High School, the school resource officers became involved in the investigation. They looked through yearbooks trying to find matches for the composite sketch. One of the officers recalled that the defendant had been wearing similar clothing on the day of the murders. He also believed the defendant may have been captured on the video surveillance system at the school.
Between the time of the murders and early Saturday morning, one of the detectives obtained the school surveillance videotape. It showed the defendant wearing a striped shirt in school that day. The detectives then pulled the defendant's driver's license information and photo. Persons involved in the investigation commented that the composite sketch looked like the photo on the defendant's driver's license.
The police first interviewed the defendant at 1:26 a.m. on Saturday. Before the police spoke to the defendant, another witness told the detective that one of the victims had been trying to get involved in a drug deal with the defendant. The defendant told this witness he was going to steal a gun and Goldschlager from a neighbor.
The police released the defendant after his first interview. Subsequently, a neighbor of the defendant called 911 and reported the defendant had asked him to show him where he could discard a gun in the river behind the neighbor's house. He witnessed the defendant throw the gun in the river.
The police obtained and executed a search warrant at the defendant's father's home. One of the officers executing the search warrant noticed a piece of clothing from the faith-based group, the "Royal Rangers." That officer spoke with the defendant about his involvement with the group and shared that information with the detectives
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