LEE COUNTY, Fla. — Jake Hemmert is sitting behind bars in the Lee County Jail waiting to go on trial for his father’s murder.
If Hemmert, 31, is found guilty of murdering his father, he could spend the rest of his life in prison.
“I don’t see the state attorney turning this into a death penalty case,” said Defense Attorney Michael Raheb.
Raheb is the President of Michael Law Offices. He said the only way prosecutors could go for the death penalty against Hemmert is if his charges are upgraded to capital murder.
“They generally don’t ask for that as often unless there are some egregious facts,” said Raheb.
Detectives said Hemmert killed his own father, Brian Hemmert at their home in the River Hall community. He then bought a freezer, put his father’s body in it and duct-taped it shut.
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Investigators said Hemmert confessed all of this to detectives, telling them he shot his dad in bed, stuffed the bloody mattress in the attic and then spent nearly $30,000 on his credit card.
Hemmert claimed he was only fulfilling his father’s suicide wish.
“Everyone’s presumed innocent and if in fact this gentleman was really fulfilling his father’s decisions, I think that’s a strong point in his favor,” said Raheb.
According to Raheb, Hemmert would have to prove in court that his dad was suicidal.
“You put a man in your fridge which seems kind of odd allegedly and then you spend his money as they’re alleging… this doesn’t seem to bode well for that whole theory, unless there’s a note that says ‘dear son please use the money to pay off our bills,’” he said.
Hemmert’s bond is set at over $800,000. His next court appearance is on October 16.
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