Citing "irreconcilable differences," two defense lawyers who have been representing a man accused of shooting and killing his cousin in front of his home in 2023 have withdrawn from the case.
Circuit Judge Peter Brigham granted the attorneys' request during a hearing on Aug. 14. Handcuffed and wearing a Marion County Jail uniform, the defendant, Jowarn Micquel Mitchell, sat between lawyers Brice Aikens and Winder Saint-Cyr, who are from The Umansky Law Firm in Orlando.
Mitchell is charged with second-degree murder with a firearm. If convicted, he could receive up to life in prison.
Court documents state that "the representation has reached the end of its agreed term."
As Aikens and Saint-Cyr walked toward the door, the judge asked Mitchell multiple
questions. Has he ever been detained pursuant to the state's Baker Act? Was he was under the influence of drugs or alcohol? What's the highest grade he completed in school?
Once Mitchell successfully answered the judge's questions, the judge said there's a pre-trial conference set for Sept. 17. The trial is set for Sept. 28.
New lawyers
On July 17, a six-member jury was deadlocked in Mitchell's case. As a result, the judge declared a mistrial. The case must be retried within 90 days.
Potentially coming on board to defend Mitchell, 27, is Jimmie Sparrow of Sparrow & Fairchild, a local Ocala firm. Sparrow was a former officer and detective at Belleview Police Department. Before becoming a defense lawyer, he was a prosecutor. His law partner, Lee Fairchild, is a former assistant public defender.
Assistant State Attorney Meredith Poisson told the judge she has spoken to both Sparrow and Fairchild, and the lawyers are aware of the time sensitivity of the case.
The judge said if Sparrow is not hired by Aug. 31, then he'll have a hearing on Sept. 1 to have further discussions on the next steps.
Shooting
The September trial will mark the fifth time the court has tried to resolve this case. One trial was postponed due to two of the seven jurors telling the court they knew the victim's family members. Another trial ended in the hung jury.
On a third occasion there was a disagreement between the attorneys, so the judge allowed more time. On another occasion the judge was sick and jury selection was canceled.
Aikens and Winder-Cyr have been defending Mitchell since Mitchell's arrest.
Marion County Sheriff's Office deputies were called to the 6500 block of Southeast 41st Court to investigate a shooting in July 2023.
When deputies got to the scene they discovered Quentin Samuel Jr. had been shot multiple times. Samuel lived at the residence with his wife and children, according to testimony presented in court and official accounts. Samuel was 34, and he and Mitchell are cousins.
Early on in the investigation, Mitchell was viewed as a person of interest. Deputies located Mitchell, detained him after a traffic stop, and later interviewed him. After he was interviewed, he was released.
Detectives said GPS location data and video footage show the vehicle Mitchell was driving was in the area of Samuel's home. He was arrested him in October 2023.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Slow-moving Ocala felony case takes yet another twist | Exclusive
