Federal Judge in Tampa Dismisses Indictment Against Brantley

A U.S. District Judge in Tampa dismissed a grand jury indictment against Cortnee Brantley last month, saying that facts alleged did not support the charge of failing to report a felon in possession of a firearm and ammunition. This week, the U.S. Attorney’s office appealed that dismissal to the federal circuit court.

Authorities allege that Brantley was driving a Toyota back in June when it was pulled over by two Tampa police officers. Dontae Morris, her passenger, is charged with shooting and killing both officers. He now faces first-degree murder charges in state court.

The governments now says Brantley drove away after the shootings and later exchanged texts with Morris, agreeing to stay quiet about the incident.

Defense attorneys asked the court to dismiss the federal indictment against Brantley. They argued that the case should not be in federal court at all but should be handled in state court, if anywhere. They also argued Brantley had a Fifth Amendment right not to give authorities information about the shooting because doing so might implicate her in state crimes, such as being an accessory after the fact or tampering with evidence.

Federal prosecutors say that Morris sent Brantley a text after the shooting telling her to “just lean bak stay loyal.” She reportedly responded, “Of course, til death do us part.”

The judge ruled the texts weren’t enough to support the charge, that an action of concealment must be completed and not merely talked about. He found that the government presented no evidence that Brantley altered or tried to hide the car or tried to delay law enforcement’s location of the car (other than leaving the scene of the shooting).

To support the criminal charge, the judge said the prosecution was required to show more than the fact that Brantley failed to tell authorities about Morris. He stated that Brantley was not required to tell, citing the Fifth Amendment (protection against forced self-incrimination).

See Also:

• Dontae Morris Charged with Tampa Police Homicides and 2 Others