PANAMA CITY — A Fountain man accused of murder will remain in jail while attorneys prepare for a fourth trial, a judge ruled Wednesday.
State prosecutors will continue with a fourth attempt to prove Philip Dean Brock took the life of Terry Brazil. Brock has been in custody at Bay County Jail for almost 17 months for the shooting, stabbing and bludgeoning death of Brazil. Despite three separate juries not being able to reach a consensus as to Brock’s guilt or innocence, Judge Brantley Clark Wednesday denied the defense’s request to set a bond.
Defense attorney Kim Jewell appealed for Brock’s release to assist her with locating evidence within Brock’s residence that could exonerate him.
“We’ve obviously came to a stalemate in this case,” Jewell told the court. “His assistance is critical to my defense of this case.”
However, prosecutors with the State Attorney’s Office argued the three previous verdicts have favored the state — with between eight and 10 jurors prepared to convict Brock — as reasonable cause to deny the bond request.
Larry Basford, lead prosecutor, said the sum of testimony and gradual evidence unveiled throughout the trials would convince jurors toward a unanimous verdict of guilt.
“It’s sort of like hitting a moving target,” Basford said.
Brock is charged with murder, grand theft and robbery with a firearm in the December 2012 slaying of 65-year-old Brazil. Brazil was found bound, beaten, shot once in the abdomen, cut and stabbed.
Though the gun and knife were never found in the investigation, State Attorney Glenn Hess has pointed to Brock’s DNA evidence on a bedpost and roll of duct tape, believed to be used in the violent murder of Brazil, as a compelling cause to retry the case.
The number of retrials of a case that ends in a hung jury is not limited by Florida statute. The prosecution can continue to request a retrial until a jury reaches a consensus or the prosecution drops its case.
Brock faces life in prison if convicted.
A hearing to decide the fourth trial’s date will be held June 5.