Indicted former Baker Fire Chief Brian Easterling wants murder confession thrown out

Defense lawyers for former Baker Fire Chief Brian Easterling is trying to get his confession to the murder of 63-year-old Michael Evers thrown out, arguing that he took controlled substances prior to his interview with investigators from the Escambia County Sheriff's Office.

Evers was shot and killed June 2, 2022 inside his business, Maaco Auto Body Shop and Painting, on Creighton Road.

Easterling is scheduled to have a suppression hearing Thursday before Circuit Judge Coleman Robinson where the defendant's attorney will argue his confession to killing Evers on June 2, 2022, is inadmissible in court because Easterling took the medication Clonazepam prior to his interview with investigators from the Escambia County Sheriff's Office.

"Defendant has long suffered from insomnia due to mental conditions and has been prescribed a controlled substance under Florida law named Clonazepam," court documents say. "The defendant took his medications in the final hours of June 5, 2022, before being awoken by deputies just after midnight.

"The controlled substance Clonazepam taken by the defendant, along with other sleep aids, caused impairment of defendant's normal faculties and judgment," the records say. "He was incompetent to make a valid assessment of his circumstances due to the medication; thus, the defendant was unable to formulate a valid waiver of Miranda rights."

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After being advised of his right to remain silent around 1:15 a.m., Easterling reportedly told investigators that "he confessed to killing Evers due to a dispute over money," a search warrant for Easterling's phone noted. "Easterling stated that he and Evers had been friends and business partners for close to 15 years."

What happened on June 2, 2022?

Easterling allegedly drove to the Maaco Auto Body Shop and Painting, owned by Evers, off Creighton Road and was seen with the shop owner around 5:15 p.m., according to a report. Easterling was identified on surveillance footage by members of Evers' family.

"Easterling is seen standing outside of the door looking around nervously … before entering the building," a report noted, referencing the surveillance video details. "Within minutes of entering the building, Easterling walks up behind Evers, Evers then falls immediately to the ground. Easterling can be seen on video getting a car cover and covering Evers."

Three days later on June 5, Pensacola police officers responded to a welfare check for Evers because his neighbors hadn't seen him in a few days.

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The officers entered Evers' residence where they found blood on the floor, but did not find the shop owner.

Family members escorted officers to Evers' shop and let them inside. Once officers entered the shop, the police report notes they found the body lying underneath a car cover.

Easterling was arrested the next day on June 6 and was indicted by a grand jury on July 7 for first-degree premeditated murder.

What will happen during Brian Easterling's suppression hearing?

Easterling and his attorney Robert Dees will argue on Thursday that Assistant State Attorney Trey Myers cannot use the former fire chief's statement in court, meaning a jury would never see or hear what Easterling told law enforcement the day of the arrest.

Dees will argue, according to what is written in his motion submitted to court records, that Easterling could be seen and heard slurring and mumbling "yes" when ECSO Investigator Joshua Timo asked if Easterling understood his rights due to the Clonazepam he had taken to sleep.

"Over the next couple minutes of the video, defendant's speech continues to be slurred and unintelligible at times," court records say. "Defendant's movements appear lethargic and his speech sounds slurred and mumbled. This supports a position that the defendant was still under the influence of Clonazepam at the time Investigator Timo read him his Miranda rights."

Myers will argue that Easterling's statement was voluntary since he signed the waiver of rights form.

If Robinson rules in favor of the defense, Myers will not be allowed to show Easterling's statement to a jury. If the judge rules in favor of the state, Myers can show a jury Easterling confessing to the crime.

This article originally appeared on Pensacola News Journal: Brian Easterling says confession of killing Michael Evers not valid