Accused shooter Preston Brewer lost one motion and won another during two separate court hearings before Judge Mark Wilson on April 26.
Brewer, 51, faces felony murder and firearms charges for the Feb. 13 shooting death of Garrett Hughes, 21, outside a Key West bar, where Hughes had been drinking with friends during and after the Super Bowl.
Brewer also faces a civil wrongful death lawsuit, filed on behalf of Hughes’ family, which also names as defendants his father, Bud Brewer, and the family’s multiple business entities.
A morning hearing on April 26 involved the criminal case against Brewer, while the afternoon hearing pertained to the civil case that stems from the same shooting.
Shortly after midnight on Feb. 13, security footage shows an intoxicated Hughes walking out the back exit of Conch Town Liquor & Lounge, 3340 N. Roosevelt Blvd., crossing the parking lot and urinating on the adjacent building known as Peacock Plaza shopping center.
Brewer and his family own the building that houses Conch Town Liquor & Lounge, where Hughes and friends had been drinking, and the rear parking lot.
The Brewers do not own the Peacock Plaza building, which Hughes was urinating on, according to Monroe County Property Appraiser records. The shopping plaza that contains Subway, a nail salon and other businesses belongs to the Helio Oropeza Revocable Trust, property records state.
The morning hearing on April 26 involved the criminal case against Brewer, whose defense attorney Chris Mancini had asked Judge Wilson to compel the witnesses in the case — Garrett Hughes’ brother and two friends — to submit hair samples for drug testing.
The judge denied the defense attorney’s motion and ruled that the witnesses need not submit hair samples.
Later that afternoon, Stuart Grossman, who represents the Hughes family in the civil suit, asked the judge to prohibit Preston Brewer from transferring any financial assets out of his name. Such transfers of property, cash or investments, Grossman argued, could make Brewer appear unable to pay significant financial damages that could be awarded to the victim’s family.
Wilson denied that motion, too, but he did so “without prejudice,” meaning Grossman can request it again later in the legal proceedings, especially if there’s evidence that Preston Brewer has in fact been transferring assets, Wilson said.
During his argument, Grossman and his law partner Alex Arteaga-Gomez played portions of the video of Preston Brewer’s interview with Key West Police at the police station in the hours after the shooting. During those interviews, Brewer is shown on his phone with his niece, telling her, “We need to enact the successor trustee provisions in all of our trusts.”
“It’s hard to believe,” Grossman said, “that he’s shot someone, been informed they’re dead, and he’s worried about the successor trust provision.”
Grossman and Arteaga-Gomez detailed for the court the Brewer family’s various real estate and business assets in Key West and in Georgia. The Key West assets “exceed $10 million by very conservative estimates,” Arteaga-Gomez said, adding that the Georgia assets total more than $3.7 million.
“They have access to pros who are comfortable with transferring and concealing assets,” Arteaga-Gomez argued.
In denying the motion to prohibit the transfer of assets, Wilson said, “Corporate structures are a way to shield assets. That’s what corporations are for. … I just don’t think there’s enough evidence in the record to allow me to enter an injunction (that would prohibit asset transfers).”
Brewer did not have a civil attorney present for the afternoon hearing, but three attorneys were present to represent individual business entities held by the Brewer family trust, although each stated that Brewer himself is not their client.
Throughout the morning and afternoon proceedings, Brewer remained silent in court, staring straight ahead, without looking back toward the attorneys or courtroom gallery, where several of Garrett Hughes’ relatives and friends were seated.
No bail has been allowed for Brewer, although a bond hearing could be scheduled for later this month.
