PENSACOLA, Florida (WALA) - As witness testimony comes to an end in the Billings murder case, FOX10 News is breaking the case down. We are taking a day-by-day look of the trial against Leonard Patrick Gonzalez, Jr.
BACKGROUND:
Byrd and Melanie Billings were shot to death inside their Beulah home July 9, 2009. The couple adopted nine special needs children and all were home when the crime happened.
Prosecutors say Leonard Gonzalez, Jr. is the person who came up with the ninja-style attack. Authorities say he wanted to steal a safe with money inside.
Leonard Gonzalez, Sr., Leonard Gonzalez, Jr., Wayne Coldiron, Donnie Stallworth, Frederick Thornton, Gary Sumner, and Rakeem Florence are all charged with the Billings' murders.
Investigators believe the seven men, dressed as ninjas, launched a commando-style raid on the compound. In just a few minutes, the Billings were dead and a safe from the home was missing.
Thornton and Florence have both pleaded guilty to second degree murder, and will not face the death penalty if convicted.
Pamela Long Wiggins has been charged as an accessory after the fact. Authorities say she buried guns and the safe in her backyard.
KEY PLAYERS:
The judge in the case is Nick Geeker. State attorney Bill Eddins and assistant state attorney John Molchan are the prosecutors. John Jay Gontarek and Randall Etheridge are the defense attorneys for Gonzalez, Jr. The trial is being held at the M.C. Blanchard Judicial Building in Pensacola.
MONDAY:
The jury was quickly selected on Monday. Gonzalez is usually seen in a uniform jail jumpsuit. But on Monday, he wore a dark sport coat and slacks.
Judge Nick Geeker ordered 100 Escambia County citizens to appear at the Escambia County courthouse. Those people would become potential jurors in the State of Florida v. Leonard Patrick Gonzalez, Jr.
Potential jurors were mainly interviewed about their knowledge of the investigation and whether they could base their decision on the evidence presented. That was a sticking point for defense attorneys because they wanted the trial to be moved out of the county. They didn't believe they could find an impartial jury. But the judge refused to move the trial.
Twelve citizens of Escambia County were selected to serve on the jury. One alternate was also chosen. Because of huge interest in the case, an overflow room was set up for media and the public. That's where the oldest Billings daughter, Ashley Markham, sat to watch jury selection. The case also generated national attention. News agencies from across the country arrived to report.
TUESDAY:
Opening arguments were delivered on Tuesday. Prosecutors told the court that Gonzalez was after a safe inside the couple's Beulah home on the day of the murder. State attorneys said when Byrd Billings told Gonzalez, "No!", Gonzalez killed him execution-style, then turned his attention to Melanie Billings.
"He demanded to know the combination to the safe. When she said she didn't know, he shot her in the face, and blew part of the back of her head off. And as she was falling backwards in the mouth of that hallway, he shot her three more times in the chest," said state attorney Bill Eddins
After Eddins' opening statement, the defense attorneys fought back.
"Thankfully, what we say up here in opening statements is not evidence. Because if that were the case, it would be up to the point where which attorney could just make the best opening statement and then you would make your decision," said defense attorney John Jay Gontarek.
Then witness testimony began.
The first person to testify was Ashley Markham. She is the oldest daughter to Byrd and Melanie Billings. On the day of the murder, she got a call from one of her sisters.
"I asked her what was happening and when she told me, I told her to run to April's house and get April," said Markham.
Spencer was the nurse for the Billings and lived next door. On the day of the murder, one of the children went to her door asking for help. Overwhelmed with tears, she told the court where she found Byrd Billings.
"In front of the dresser, in the bedroom," said Spencer, as she broke down on the stand.
The attorney then proceeded to ask Spencer where she found Mrs. Billings.
"She was in front of the closet," added Spencer.
Frederick Thornton, another of the seven suspects accused of the Billings' murders, also took the stand Tuesday afternoon. Thornton testified of what happened on the days leading up to the murder.
He said the group of men actually went to the Billings' home July 4, five days before the murders. However, as they drove up the driveway, lights came on. Thornton said they then turned around.
During Thornton's testimony, grainy surveillance video was shown to the jury. The footage showed the commando-style raid first-hand. It showed the suspects bursting through at least two doors, surrounding Byrd and Melanie.
Byrd fell to the floor, where Thornton then testified Gonzalez, Jr. shot him in the leg twice. Thornton said Gonzalez,
Jr. demanded money from Byrd before shooting him.
Then Byrd and Gonzalez, Jr. disappear from the video, heading to the master bedroom where one safe was kept. The bedroom is where Byrd was shot twice in the chest and once in the head.
Thornton said Gonzalez, Jr. then turned to Melanie. Thornton testified Gonzalez, Jr. told Melanie to open the safe. When she told him she did not know the combination, Thornton said Gonzalez, Jr. shot her as well.
In another piece of surveillance video entered into evidence, the red getaway van can bee seen from one of the children's bedroom windows.
WEDNESDAY:
Cross examination of Frederick Thornton happened on Wednesday. Defense attorneys argued that the only reason Thornton is testifying is to get a shorter jail time and that’s why he wants to pin the blame on his client.
“You intend to ask to for a lot less sentence if you can go through these trials and testify and the jury comes back guilty against Patrick Gonzalez Junior. Isn't that true,” asked defense attorney John Jay Gontarek.
Thornton responded yes.
Wednesday is also the day the youngest suspect charged in the slayings took the stand.
Rakeem Florence was 16-years-old when he took part in the robbery and murder of Byrd and Melanie Billings in 2009.
Florence said he was scared after the crime took place. So he and another co-defendant, Frederick Thornton, made up a lie. Florence said he knew Thornton before the murder.
"I got a baby by his sister," said Florence.
Florence said he and Thornton initially told investigators they were at the Billings home to buy weed. The prosecutor then asked Florence if there was a decision to tell the investigators that he didn't go in the house.
Florence answered yes.
The prosecutor also asked Florence if that is what he told his family at that point.
Florence again answered yes.
The prosecutor then asked him if that was the truth.
Florence said no.
The teen said his family convinced him to tell the truth.
"My mama said, 'If you know anything, just tell the truth,'" said Florence.
He told the court that he and the other suspects had guns to commit the crime.
The zip tie used to bind Byrd Billings was also entered into evidence, as well as pictures of the getaway van and photos of the suspects at a local Wal-Mart.
Florence will not face the death penalty because of his testimony against Gonzalez. However, during cross examination, defense attorneys made the argument that Florence was only testifying to get shorter jail time, just like Thornton.
"Mr. Florence, you have to admit that you are up to your six foot one or two inch eyeballs in this crime, guilty of this crime. Isn't that true?" the defense attorney asked.
"Yes sir," answered Florence
"You are looking for a youthful offender type sentence, isn't that true?" asked the defense attorney.
"Yes sir," Florence answered.
Florence claims that even though he had a gun, he did not know how to use it.
Throughout the proceeding, the family members of Byrd and Melanie Billings were in and out of the courtroom.
State attorneys also presented the guns connected to the crime. Forensic investigators did run a DNA match.
"I was able to determine a major-partial profile and this major profile matches the DNA of Patrick Gonzalez," said investigator Jennifer Hatler.
But Gonzalez's attorney argued those prints could have come from anywhere. Defense attorneys asked Hatler whether DNA evidence can be transferred from person to person.
“It is possible," Hatler said.
The medical examiner also described how the bullets killed the couple, including entry and exit wounds. Each one had a fatal wound to the head.
Several detectives were questioned throughout the day. Prosecutors also announced they would more than likely rest their case on Thursday.
THURSDAY:
Thursday morning, investigators took the stand to describe the evidence collected in the case. An Escambia County Sheriff’s examiner testified that he matched prints from the van to Leonard Patrick Gonzalez, Jr.
Bill Chavers, former chief deputy, testified that he interviewed Gonzalez on July 12, 2009. Chavers said he knew Gonzalez as “ Patrick Poff”, which was his adopted name.
Chavers also told the court that Gonzalez was nervous, excited, and wanted to state his innocence.
“I am not guilty of anything,” said Gonzalez in the interview with Chavers, “If this is about killings, I didn’t do it.
Chavers said the red van was part of the interview. Gonzalez told Chavers he watched multiple news reports after the murders.
“He (Gonzalez) was concerned that it was his van leaving the scene,” said Chavers.
Chavers said he interviewed Gonzalez at the Santa Rosa County Sheriff’s Office. During cross examination, defense attorneys argued that Chavers did not record the interview. Recording devices are commonly used to interview subjects possibly connected to a murder case. But attorney John Jay Gontarek asked why Chavers did not record the interview since he has been in law enforcement for 36-years.
Chavers said
the Santa Rosa County jail was unable to produce a recorder.
"They said they didn’t have one there,” said Chavers.
Gontarek argued that Chavers only has his notes to rely and those notes do not reveal emotions and true testimony, despite Gonzalez’s cooperation with the investigation.
Assistant state attorney John Molchan went through all the projectiles recovered from the crime scene. Forensic expert Paul Dragan testified that he ran tests on each one. All are from the 9mm gun.
“This was one of the bullets that was determined to be fired from this particular firearm,” said Dragan.
Prosecutors also presented the clothes Melanie Billings wore at the time she was killed.
“I was supplied a shirt and pants,” said Dragan. “In front of the shirt, there were four holes, three were made with one bullet.”
Dragan testified that Melanie Billings’ killer was at least four feet away.
Prosecutors rested their case before noon.
Gontarek did ask Judge Nick Geeker to acquit Gonzalez on all charges. But Geeker denied that motion. The defense did not call any witnesses and rested their case.
Judge Geeker asked if Gonzalez wanted to testify in the case. He said no.
“The state’s witnesses are fine with me,” said Gonzalez. “ I am pleased with my representation.”
During closing arguments, Molchan reviewed all the evidence presented. Molchan retold the state’s case from the beginning. Gonzalez spoke with his attorneys and did not give full attention to the state’s closing argument.
"It is the state's position that there is no doubt under that Leonard Patrick Gonzalez is the man that had his hand on the gun, his finger on the trigger, and fired the shots at Mr. and Mrs. Billings on July ninth of 2009," said Molchan.
Molchan told the jury the 9mm pistol was the murder weapon to kill Byrd and Melanie Billings.
“I think the evidence is very clear,” said Molchan.
Defense attorney John Jay Gontarek presented his closing argument. Gontarek told the jury the state has not proven Gonzalez’s guilt. Gontarek attempted to tell the jury to return a not guilty verdicts.
"There is no doubt this is tragic what happened to Mr. and Mrs. Billings. Something perhaps equally as tragic would be if someone that's really innocent and sent to prison or even worse, executed," Gontarek said.
Closing arguments ended around 3:00 p.m. Thursday.
Judge Nick Geeker instructed the jury on the evidence they had to consider. Murder count one is for Byrd Billings. Murder count two is for Melanie Billings. There is a single count of home invasion / robbery.
The jury began deliberations just before 4:00 Thursday evening.
Here is a breakdown of what they had to consider:
In reference to murder count one (Byrd Billings), jurors could have found Gonzalez, Jr. either:
- Guilty of first degree murder
- Guilty second degree murder
- Manslaughter
- Not guilty
In reference to murder count one (Melanie Billings), jurors could have found Gonzalez, Jr. either:
- Guilty of first degree murder
- Guilty second degree murder
- Manslaughter
- Not guilty
In reference to the count of robbery/home invasion, jurors could have found Gonzalez, Jr. either:
- Guilty of home invasion
- Guilty of robbery with a weapon
- Guilty of robbery
- Guilty of burglary
- Not guilty
At 8:16 p.m., the jury found Gonzalez, Jr. guilty on two counts of first degree murder and guilty of home invasion robbery.
FRIDAY:
The penalty phase was Friday morning in the murder conviction of Leonard Patrick Gonzalez, Jr.
Terri Poff, Gonzalez, Jr.'s mother, took the stand. She told the jury she had Gonzalez, Jr. at age 16. She also described Gonzalez, Jr.'s early life. He was involved in martial arts. Poff told the court her son did have behavior problems as a child, so that's why she tried to keep him busy.
Ashley Markham also took the stand. She read from a document she prepared. The speech talked about how the children will never have natural life experiences with their parents.
Tabatha Gonzalez, Gonzalez Jr.'s wife took the stand. She told the court she met her husband at a taekwondo class. They got married July 5, 2003.
“We dated for about two or three years,” said Gonzalez, “ He was wonderful. He wrote me poems, very romantic.”
She also told the jury that her birthday was Thursday, the same day Gonzalez, Jr. was convicted of murder. Gonzalez admitted the jury’s decision was not the most welcoming birthday gift.
“But my babies were there and that’s the most important thing,” said Gonzalez.
She and Gonzalez, Jr. have two children. She was recently pregnant, but loss the baby after her husband was arrested.
Gonzalez said her husband had problems with Loritab prescription pills after receiving injuries.
“He would try to get off the pills but he had a hard time,” said Gonzalez. “ He would become a different person.”
The wife says when he is not on medication, her husband is a good person.
“He is still trying to help even while he is jail,” Gonzalez added.
The state’s attorney John Molchan then asked Gonzalez about the
taekwondo organization, Project Fightback. Tabatha and Leonard Gonzalez were the coordinators of the non-profit.
“We didn’t ask people for money. It was based on donations,” explained Gonzalez.
Tabatha did admit to the court she and her husband had money problems.
“He was hoping it would get better,” she added.
Florida State Attorey Bill Eddins delivered closing arguments for the prosecution. Eddins tried to convince the jury that Gonzalez has already had too many chances to be a productive citizen.
“He had a good loving mother that provided him with love, support, direction, positive direction. And he had loving wife,” said Eddins, “This wasn’t just any robbery. This was a very, very aggravated robbery.”
Eddins even walked over to Gonzalez, pointed at him, and told the jury to consider all the evidence that has been presented.
“They (the suspects) kicked the man’s ( Byrd Billings) door down in broad daylight,” said Eddins.
Gonzalez’s defense attorney Randy Etheridge delivered closing arguments on his behalf. He began by thanking the jury for their attentiveness and patience. He then tried to convince the jury to make a wise recommendation.
“It’s your own individual decision,” said Etheridge.
The defense reminded the jury that Gonzalez will stay in jail for the rest of his natural life regardless.
“Leonard Patrick Gonzalez, Jr. is going to die in prison because of your decision yesterday,” Etheridge said.
Etheridge told the jury not to recommend the death penalty.
“He will die with a poisonous injection in his arm,” said Etheridge, “A vote for death will not bring the Billings back.”
The jury’s decision does not guarantee Gonzalez will be put to death. The judge will have the final decision. However, Gonzalez does have the opportunity to appeal the judge’s ruling.
Closing arguments ended shortly after 12 p.m. Judge Nick Geeker spoke to the jury as Gonzalez, Jr. held his head down at various points.
"All of us are depending on you to make a wise decision,” said Judge Geeker.
The jury had two decisions: life in prison without the possibility of parole or death by lethal injection.
During Friday’s proceeding, Gonzalez is seen crying occasionally. He even tried to take a sip of water from a bottle, but handcuffs restricted his movement. The jury went into penalty phase deliberations at 12:30 p.m.
Seven votes were needed for the jury to recommend death. The foreman signed the recommendation and returned it to the court.
There were 12 people on the jury. The one alternate was released from the proceeding by Judge Nick Geeker.
The judge reminded the jury they have no time restraints to reach a decision.
Shortly before 2:00 p.m. Friday, the jury recommended the death penalty for Leonard Patrick Gonzalez, Jr.
Judge Nick Geeker thanked the jury for their patience and time.
Ashley Markham, the Billings' oldest daughter, leaned on her husband.
It passed with a 10-2 vote.
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