Shawn Tyson

Case record: Shawn Tyson

Background

Shawn Tyson was a 16-year-old resident of Sarasota, Florida at the time of the deaths. His trial took place after he was tried as an adult at Sarasota County Court despite having been 16 at the time of the murders.

James Cooper was 25 and from Warwickshire. James Kouzaris was 24 and from Northampton. The two British men met at Sheffield University and were shot dead in Sarasota.

Shawn Tyson’s mother, Kenyatta Whitfield, was in court and repeatedly protested her son’s innocence.

The offence

James Cooper and James Kouzaris were shot dead in Sarasota. Their bodies were found shirtless with their trousers pulled down to their thighs after gunshots.

The court heard that the British men had drunkenly walked into the Newtown area in the early hours of 16 April 2011. Witnesses reported seeing two black males watching the British holidaymakers before hearing between six and eight gunshots ring out. Police and fire and rescue services arrived at Carver Court and pronounced the men dead at the scene. The men were found on either side of the road.

The prosecution said Shawn Tyson tried to rob the two men and then shot them when he realised they had very little money. The court heard that evidence indicated an attempted robbery as the reason the victims had their trousers pulled down.

The court also heard statements and testimony that described the victims’ interaction with Tyson, including claims that they pleaded with him to let them go, that they were drunk, and that they were just trying to find their way home.

Investigation

A 911 call reported that a person was lying on the ground covered in blood. Officers checked the area and located two male victims. The investigation included claims about what was found at the scene, including that no bullet casings were found at the scene and that neither victim was carrying a weapon.

Crime scene investigator Jerry Wagner recovered seven 0.22 calibre bullet casings from a nearby yard after the shootings. The court heard that a trail of blood spots led to James Cooper and that James Kouzaris still had his wallet and money on him.

Crime scene investigator Jerry Wagner told the court that James Cooper’s wallet had a total of $63.45 (£40) and James Kouzaris’s wallet contained $62.05 (£39).

The court heard forensic evidence including DNA and firearms examination. Firearms expert Rosemary Jassoy examined two bullets recovered from the bodies of James Kouzaris and James Cooper, and she examined all seven shell casings. She said the casings and the bullets were suitable for a 0.22 calibre revolver. She said the casings had been fired by the same gun but there was no way to prove the recovered bullets had come from any of the seven casings.

DNA matching the profile of Shawn Tyson was found on a sample taken from James Cooper’s jeans. Crystal Oechsle, a DNA analyst from DNA Laboratories International, said samples were taken from four areas on the garment. She said that on one, from the left front leg of the trousers, a mixed DNA profile was found, which included Mr Tyson’s DNA.

The court also heard that text messages were to be presented, and that bullet casings allegedly buried by the defendant and revealed to police by an informant would be part of the evidence.

Detective John Todd led the investigation. In court, he said people did not want to be seen to “rat out” or “snitch” on Shawn Tyson. He described the community as a tight group of friends in a tight-knit small community.

Arrest

Police arrested a 16-year-old male on suspicion of murder of James Kouzaris and James Cooper in Newtown, Sarasota.

A separate earlier arrest history became relevant during the proceedings. It emerged that hours before the murders, Tyson had been released after his arrest following a shooting on 7 April. The article described a 15 April hearing into an episode in which Tyson fired a weapon during a fight, and a judge released him into the custody of his mother.

During the investigation described in court proceedings, it was also stated that Detective John Todd told the court people changed their stories once they were offered plea deals, or other benefits, by police. It was claimed that two witnesses were given help moving out of the area, while others testified in exchange for lesser sentences for other crimes. The court did not hear any suggestion that Ms Keno was offered any deal or encouragement to give evidence.

The murder weapon was never found.

Trial

Shawn Tyson was charged with two counts of first-degree murder and was tried as an adult. He denied murdering James Cooper and James Kouzaris.

Witnesses and testimony about the killings

The court heard that Shawn Tyson regularly carried a 0.22 calibre revolver. Jermaine Bane, who lived near Tyson, testified that he regularly saw Tyson carrying a gun. Jermaine Bane told the court he saw Tyson fire the gun into the air on about four or five occasions, and that Tyson mentioned spotting the Britons walking around the public housing neighbourhood where he lived in Newtown, Sarasota.

Jermaine Bane testified that he received a phone call from Shawn Tyson in which Shawn Tyson talked about the British men, referring to them as the “crackers,” meaning white men. Jermaine Bane also testified that he heard gunshots around the time of the fatal shooting in the early hours of 16 April and that when police searched Tyson’s house, he saw Tyson throw something into another friend’s car.

Latrece Washington testified that Shawn Tyson described the killings to her and a friend as a failed robbery attempt. She said Shawn Tyson told her the men looked drunk and, when he found they had very little cash, he told the men: “well since you ain't got no money, I got something for your ass”.

Latrece Washington testified that Shawn Tyson said: “That's when he like shot one of them in the side and one of them fell instantly and then the other one was crying for his life, and he shot him and emptied the clip on him.”

Marvin Gaines testified that Shawn Tyson allegedly told him he had killed the men. Marvin Gaines said Tyson gave him seven 0.22 calibre shell casings to bury in his backyard, as well as a gun. Marvin Gaines later gave the gun to friend Jermaine Bane, who sold it for $50. After Marvin Gaines was threatened with a charge of being an accessory to murder, he led police to where the casings were buried.

Marvin Gaines told the court he met Shawn Tyson on 16 April. Marvin Gaines testified that Shawn Tyson had asked him if he had heard “about them people getting killed back there?” and that when Gaines said he knew nothing about it, Tyson replied: “Oh bra, I did that”. Marvin Gaines testified that Shawn Tyson gave him the shell casings from a suitcase he had hidden in his brother’s bedroom, and that Shawn Tyson said to bury them.

Marvin Gaines testified: “He gave them to me and told me to bury them,” and that he asked: “I asked him, 'do you want me to bury them or throw them away?' He told me to bury them.”

DNA, bullets, casings, and gun recovery

Police searched Shawn Tyson’s bedroom on the evening of 16 April and found a 0.22 calibre bullet. The court was shown bloodstained clothes, and jurors heard that DNA was found on James Cooper’s trousers.

The defence told the jury that the evidence would show “no murder weapon or a weapon believed to even be a murder weapon was ever recovered in this case.” The defence also said the gun and bullet casings found were not linked directly to Shawn Tyson but to the people who had given them to police, and that “a 0.22 calibre gun and 0.22 calibre bullets were some of the most common in the world.”

Phone calls

The court played recordings of a call Shawn Tyson made from Sarasota County Jail to his half brother. In the conversation, Shawn Tyson said: “Somebody say they saw me out there..” and added: “they found the bullets”. When asked about the discovery, Shawn Tyson replied: “It's the only thing that's going to f*** me up.”

Alleged attempt and statements to police and others

The prosecution questioned Detective John Todd about what Marvin Gaines had told police. Prosecutor Karen Frailling asked: “Did Marvin Gaines also say that Shawn Tyson told him 'I killed those two guys, you know those two bodies back there, I did that?'” Detective John Todd replied: “He said that Tyson escorted him into the apartment so that nobody else could hear and told him that he killed the two people at the back of the projects.”

The court also heard that Tyson denied committing the double murder, and that Tyson would not give evidence in his defence. When asked by Judge Rick De Furia if he wished to remain silent, Tyson said: “Yes, sir.”

Sentencing

On March 29, 2012, Shawn Tyson was given two life sentences without the eligibility of parole.

Two of the British pair’s friends made impact statements before sentence was passed.

Joe Hallett accused Tyson of taking everyone involved on a “journey to hell during the past 12 months”. Joe Hallett said: “You murdered two people who, if you had given them the chance, would have given you the time of day. ” and added: “Every night you go to sleep, every morning you wake up, I want you to think of my friends who you murdered.” He also said: “I hope that you and your family suffer every single second of every single day, just as the loved ones of James Kouzaris and James Cooper do. ” He added: “For every painful detail of their deaths I have endured, for each disturbing photo I have been exposed to, I am still glad I have this opportunity to look into your eyes and try to explain the pain that you have caused.”

Paul Davies called Tyson “a coward” and said: “You might think being a man is about carrying a gun around but it isn't. Wearing a mask and shooting two guys in cold blood is being a coward.” He added: “For the past week I've had to sit in this courtroom and watch photos of my two best friends lying on the ground, riddled with bullet holes. ” and: “I've had to listen to how you stalked them, made them beg for their lives and then unload a gun on them. ” and: “I've had to listen to all that knowing that they would never in a million years have threatened you or tried to hurt you. ” and: “They wouldn't hurt anyone because, like I say, they were good men, the most amazing men you could have ever met. Maybe if you were more of a man that night you would have known them long enough to find that out for yourself.”

The families of Mr Cooper and Mr Kouzaris were not in court but said in a statement they were satisfied with the verdict. The families said: “It is a fact that we were given a life sentence when our sons were so brutally and needlessly taken from us. ” and: “Ours is a life sentence, with no chance of parole from a broken heart, and a shattered soul.”

Appeals

No appeal details were provided in the case summary.

Outcome

Shawn Tyson was found guilty of the first degree murder of two British tourists in Florida.

Aftermath

After the earlier release, the families criticised the Sarasota court system that had freed Tyson after a judge had warned the teenager was a danger to the public following the earlier shooting, in which no-one was hurt.

The families said: “The evil of the killer is one thing, but the fact is, he would not have been on the streets had instructions to keep him incarcerated been passed from one judge to another.”

When the mistake came to light, the Mayor of Sarasota, Kelly Kirschener, vowed the city’s prosecutors would never let anything similar happen again.

The court saw a video made by Mr Kouzaris’s parents. Peter Kouzaris, with his wife by his side, said: “The 16th of April, 2011, will be etched in the hearts and the memories of all those people who loved and had the privilege of loving James. ” He added: “Who could have imagined the tragic events that unfolded so cruelly?” and said his son “had been needlessly taken” in a “moment of madness.”

During the trial, jurors also heard about the wider difficulties in investigating the case, including community distrust and witness reluctance to cooperate. Detective John Todd said: “This is a very tight group, they were all friends,” and: “They all lived in a very tight-knit small community and they were friends.” He added: “These guys don't want to be labelled as a snitch.”

Shawn Tyson trial: Sister held 'over Facebook message to witness' Samantha Huffman was charged with retaliating against a witness. Ms Huffman was believed to have been arrested over a comment she made on Facebook directed at Nakeira Keno. Ms Keno, 21, gave evidence in the trial earlier that week. Ms Huffman wrote on her Facebook page: “Nakeira Keno.....i hope u got a check for takin the stand...”, as well as several insults directed at Ms Keno.

Samantha Huffman was believed to have been arrested after police said she was exercising her right to free speech. Det John Todd told the court people did not want to be seen to “rat out” or “snitch” on Mr Tyson, and he described the community as tight-knit.

Other details

Earlier incident and release that preceded the killings

The article described that Tyson should not have been back on the streets after an earlier arrest for gun crime. It described Detectives failing to appear as ordered at a 15 April hearing, and juvenile bench judge Deno Economou releasing Tyson from jail into the custody of his mother.

Judge Lee Haworth had warned at Tyson’s initial hearing on 8 April that Tyson was “a danger to the community” and should remain in custody.

Judge Haworth said: “There's continuing potential escalation between these alleged victims and [Tyson will remain in custody] … to help defuse this situation, but particularly because of the danger it presents to the community with a young 16-year-old handling a firearm,”

Tyson had been charged with aggravated assault and remanded as an adult over the earlier incident, meaning there would be no chance he could be sent to a juvenile facility to await his formal indictment on the two murder charges in two weeks’ time.

Victims’ holiday and final moments as described in court

The court heard that James Kouzaris, a local government officer, and tennis coach James Cooper had been out drinking in downtown Sarasota before getting lost and wandering into the Newtown area.

One witness account described seeing the British men in a bar and driving them to a late-night grocery store in Newtown, and CCTV of them drinking just before they were found dead.

Wanda Farrior told police she saw Tyson clambering through a window into his mother’s house moments later.

Nakiera Keno, aged 21, testified that she saw James Kouzaris and James Cooper walking in Newtown. She said they had “no shirts, baggy jeans, no shoes” and she saw two black men who “looked young”. She testified the two white men were standing “like they were waiting on some drugs or something”.

Other related shooting discussed

The trial coverage also described police investigating another shooting in Newtown in which a 21-year-old, Willie Hadley, was killed during the early hours of Monday on Martin Luther Way, five blocks from where Cooper and Kouzaris were shot. Police called to the scene at 2am found Hadley lying dead in the road after local residents reported hearing gunfire. Tyson’s trial was expected to take place next year.