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Man takes plea offer in third-degree murder

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PANAMA CITY — One of two men who plotted the robbery of a 20-year-old Panama City Beach man before it escalated into a fatal shooting has accepted a plea offer from state prosecutors.

Joshua Heath Smith, 23, pleaded no contest Monday to being a principal to third-degree murder with a firearm after a plan to rob 20-year-old Ryan Brooks of about 2 ounces of marijuana turned deadly in July. In the agreement, Smith agreed to testify in the case against Randy Jackson, 23, who is charged with pulling the trigger several times on Brooks in Panama City Beach.

The plea offer calls for Smith to serve 10 years in prison, but he will await sentencing in January as insurance so that he does not back out of his testimony, according to court documents. He could be sentenced to up to 30 years if the status of his cooperation changes.

Six people were arrested in the fallout of the July 10 shooting at the Club Apartments, 325 Richard Jackson Blvd., as the three survivors allegedly tried to cover their tracks. The two other men still face murder and robbery charges.

Joseph Cannizzo initially portrayed himself as a witness when police arrived at about 1 a.m. to find Brooks face down on the asphalt with multiple gunshot wounds. Cannizzo, 25, said he pulled into the apartments shortly after the gunfire. He saw a white Kia Forte speed away and a person running into the woods north of the lot before flagging down a taxi to call 911, he told police.

The white Kia reappeared at the North Lagoon Mart at about 4 a.m. A female driver called authorities to meet her there. The woman, a roommate of Smith’s girlfriend Alyssa Watford, said Smith and Jackson had borrowed her car and returned it pockmarked with bullet holes, police reported. Smith had blood on him, she told police, and could overhear him telling Watford that someone had been killed.

When police interviewed Smith at about 5:45 a.m., he said he and Jackson drove the Kia to the Waffle House near the Shoppes at Edgewater, where they planned to rob Brooks of the 2 ounces of marijuana.

Smith said Brooks, Cannizzo and himself consolidated into Cannizzo’s green SUV to orchestrate a purchase of the marijuana. During the exchange, Cannizzo pulled a gun on Smith and ordered him to take off his pants. Brooks took his gun and walked over to the car Smith arrived in to search it.

Neither Brooks nor Cannizzo knew Jackson was in the car until gunfire roared from inside.

Cannizzo fired upon the car and Jackson sped off, according to investigative reports. Smith escaped through the woods without firing a shot. Brooks died a short time later from his multiple gunshot wounds.

Both Jackson’s and Cannizzo’s cases are pending.

Jackson has pleaded not guilty to third degree felony murder with a firearm, principal to attempted robbery and felon in possession of a firearm. Cannizzo has pleaded not guilty to principal to robbery with a firearm for allegedly attempting to stickup Smith. Watford also pleaded not guilty to principal to attempted robbery.

A trial date has not been set for any of the defendants.


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