Accused of first-degree murder, Brandon S. Ware's first trial in August ended when he said his lawyer had admitted guilt.
By CHRIS TISCH
Published October 19, 2004
LARGO - Opening statements are expected this morning in the first-degree murder trial of Brandon S. Ware, who is accused of shooting to death an elderly man during a home-invasion robbery in 2002.
This will be the second time Ware, 21, will head to trial for the killing of 88-year-old Vernon Gilbert. In August, after more than two days of trial, Ware complained to Judge Brandt Downey that his attorney admitted elements of his guilt without his authorization.
Defense attorney Dyril Flanagan had admitted in opening statements that Ware killed Gilbert in self-defense during a robbery. Flanagan was trying to convince jurors that Ware was guilty of a lesser crime, such as second-degree murder.
Ware, who maintains he is innocent, thought Flanagan went too far.
Downey declared a mistrial and Flanagan was dropped from Ware's defense team. Local defense lawyer Michael Schwartzberg was appointed to take his place.
Prosecutors and defense attorneys spent Monday picking a jury. If convicted, Ware could face the death penalty.
After the mistrial, Flanagan said there was "an overwhelming scientific case" against Ware. Ware was found with the murder weapon in his hand. He had the spoils of his robbery in his pocket and his DNA was all over the murder scene, according to testimony from police.
Largo police say Ware followed Gilbert and his wife, Helen, home from a Publix near their Largo home on Nov. 26, 2002. He forced his way into their home while carrying a large club, prosecutors said.
Helen Gilbert, who suffered from Alzheimer's, was hit in the head. Police later found her wandering outside the apartment. She died in May.
Vernon Gilbert retrieved a .38-caliber handgun he kept in his bedroom. He shot Ware twice, in the face and back, then called 911, police said.
"I just shot a guy in here robbing us," Gilbert told the dispatcher. "Hurry. Hurry."
When police arrived three minutes later, they found Gilbert dead by the phone. He had been shot once in the head with his own gun. Police believe Ware somehow got the gun and killed him.
Officers found Ware on the living room floor, slipping in and out of consciousness. The gun was in his hand, police said.
