Appeal for 'Stand Your Ground' judgment denied, Sarasota hotel murder case moves toward trial
Six months after a Sarasota Circuit Court judge denied his 'Stand Your Ground' immunity claim, the Second Court of District Appeals has also denied Brennan Wakey's appeal of the decision. His case will now proceed to trial.
Wakey, 29, was charged with second degree murder and tampering with evidence in connection to the death of Colton Wright after police were called to the hotel off University Parkway when a housekeeper discovered Wright's body. Wakey was accused of killing his boyfriend at the Hyatt Place hotel in December 2021 after investigators found surveillance video of Wakey leaving the hotel with a gun tucked into the waist of his pants shortly after the shooting.
Wright and Wakey had been in a romantic relationship since June 2021, according to the victim's mother.
Previous reporting: Judge denies Stand Your Ground claim for Sarasota man accused of shooting boyfriend in 2021
Gallery: Brennan Wakey claims shooting of Colton Wright was self-defense but the gun is missing.
Wakey filed the motion to dismiss his case in January 2024 under Florida's Stand Your Ground law, claiming he had no choice but to act in self-defense. In what became a three-part Stand Your Ground hearing spanning several months, Wakey testified that Wright had seemed different and more violent the night of the shooting.
Judge Thomas Krug denied Wakey's motion in December 2024, ruling that the prosecution proved through clear and convincing evidence that Wakey did not reasonably fear imminent death or great bodily harm when he fired his gun at Wright.
Wakey's defense filed his appeal shortly after the ruling. The defense also filed a motion to stay the circuit court proceedings until a decision was reached by the appellate court. Now that the appeal has been denied, Wakey's case will proceed to trial, however, court records have yet to indicate when a potential trial date could be scheduled.
Where is Wayne Wakey? Family looks for missing Port Charlotte man. Police zero on his son.
More: Sarasota judge denies increasing bond for man accused in fatal 2021 hotel shooting
During the Stand Your Ground hearings, Krug heard from both Wakey and the only other witness to the shooting: Wright's friend, Nick Trail. He noted in his order that while Trail confirmed part of Wakey's testimony — with Wright at one point grabbing a glass bottle of margarita mix and swinging it at Wakey in "half swings" — he otherwise denied that Wright threw a laptop at Wakey or tried to get a gun away from him.
Krug also found Wakey's testimony to be "robotic" for the most part, with Wakey appearing to become "suddenly and severely emotional" when he was describing the moments leading up to the shooting. Krug also noted in his order that Wakey's testimony was inconsistent and that Wakey's actions after the shooting 'provide substantial evidence of his consciousness of guilt, casting more doubt on his claim of self-defense.'
Testimony and court records indicate that during the investigation into Wright's death, police found surveillance video which showed Wakey leaving the hotel via a side entrance around 3 a.m. the night of Dec. 9, 2021, pulling a black duffle bag on wheels behind him. In the video, a gun tucked into the back waistband of Wakey's pants is visible, according to the probable cause affidavit and evidence shown in court.
Wakey was later found by investigators at his father's home in Port Charlotte, where detectives also found Wright's laptop and cellphone, as well as a red shirt and blue jeans in a washer. Those two items, the only ones in the washer, matched the clothes Wakey was seen wearing while exiting the hotel.
Gabriela Szymanowska covers the criminal justice, courts and legal system for the Herald-Tribune. Reach out with a news tip to gszymanowska@gannett.com.
This article originally appeared on Sarasota Herald-Tribune: Sarasota hotel murder case heads toward trial after Appeals Court's decision
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