More than a year after a judge reserved ruling on two motions that hoped to suppress evidence from one of the accused in the Club Blu mass shooting that left two dead nearly a decade ago, the court ruled against the appeal. Derrick Church, 28, faces two counts of principal to second-degree murder and one count of conspiracy. He was arrested Dec. Only Russ has gone to trial.
A Lee County jury convicted her May 3, , of two counts of second-degree murder and one count of conspiracy to commit murder following the incident at Club Blu Bar and Grill, in Fort Myers.
Lee Circuit Judge Nicholas Thompson sentenced her to life in prison. Evidence presented at Russ' trial showed she sent a text message that led Battle, O'Neal, Church and Loggins to open fire on a large crowd attending a party at Club Blu, Evans Ave.
According to two separate motions filed Jan. Thompson reserved ruling on both motions March 13, , but ultimately denied both motions Feb. The first of the two motions hoped to suppress statements Church provided to the Lee County Sheriff's Office hours after the slayings. According to that arrest affidavit, Church accelerated and drove his car directly into the path of a responding Lee County sheriff's deputy. Officer-involved shooting: New report identifies officers who shot suspect near Mel's Diner in Fort Myers.
Thompson on April 2, , adjudicated Church guilty of assault on a law enforcement officer, as well as fleeing and eluding police with disregard of safety. Thompson sentenced Church to 40 months of probation. The motion Harris filed last year argued that a responding sheriff's deputy rammed and forced Church's car off the road and then shot him in the abdomen at close range.
