“We felt our legal arguments were absolutely compelling, but the judge ignored them,” defense lawyer Jamie Benjamin said. “It was not unexpected.”
Broward Circuit Judge John J. Murphy was asked to impose bail for Demons, who has been in custody since his arrest in 2019 in connection with the murders of his friends Christopher “Juvy” Thomas Jr. and Anthony “Sakchaser” Williams.
Thomas and Williams were shot to death inside a Jeep driven by their friend, Cortland “YNW Bortlen” Henry. Prosecutors say Demons was seated behind Henry after an overnight recording session in Fort Lauderdale early on Oct. 26, 2018.
Henry’s trial will be conducted separately.
Demons faces the death penalty for the crimes, and bail is typically not granted in death penalty cases unless, legally, there is some doubt that the defendant committed the crime. It was the prosecution’s burden to prove the case against Demons was so compelling that no reasonable person could suspect otherwise, a legal standard known as “proof evident, presumption great.”
That standard is considered even higher than the standard of “beyond a reasonable doubt” needed to convict, under Florida law.
But Demons was tried by a jury that was unable to conclude Demons was guilty beyond a reasonable doubt — most jurors wanted to convict, but three felt the evidence was not sufficient.
Demons’ trial ended with a hung jury in July.
Still, Judge Murphy decided to keep him in custody pending trial.
Murphy is allowed to consider evidence the jury never heard in making his decision that proof of Demons’ guilt exceeds the burden needed to convict.
The retrial is scheduled to begin with jury selection on October 9.
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde