JACKSONVILLE, Fla. – A man convicted of second-degree murder in the 2012 shooting death of a man during a marijuana deal will get a new trial.
The 1st District Court of Appeals has overturned the conviction of Amato Scott, who as convicted of shooting Mario Smith and taking his marijuana.
The appeals court ruled that the Jacksonville Sheriff's Office coerced a confession from Scott after he repeatedly told detectives he did not want to talk with them until he got a lawyer.
A local defense lawyer and former prosecutor, Randy Reep, said Scott may have a new trial and his conviction is thrown out, because detectives kept telling Scott they would arrest him for murder -- unless he spoke to them and admitted his involvement.
"There's a spectrum of interrogation tactics -- some of them are aggressive. And what the court is saying here -- that's too aggressive. When he invokes, you need to leave him alone," he said.
JSO released a statement on the ruling:
"The Jacksonville Sheriff's Office is committed to protecting the constitutional rights of all citizens, including those victims and suspects with whom we come into contact. The application of constitutional law, as it relates to investigations is sometimes not evident. We work closely with the State Attorney's Office during constitutionally protected interviews of suspects because in many of these cases, the law is open to interpretation.
Investigators for the Jacksonville Sheriff's Office will continue to be aggressive in their investigations concerning homicides. In the rare occasion where a conviction is overturned, we will continue to work with the State Attorney's Office in the application of constitutional law to safeguard and protect suspects' rights."
This is a reversal similar to the DCA's ruling late last year in the Randall Deviney case -- a fact the judges referenced in the Scott ruling.
"There is no doubt in my mind, defense attorney all over 4th Circuit, but also all over state, because this is persuasive to other courts-- will review our cases more closely when they involve confessions. Because they have to be voluntarily made," said Reep.
Scott is back in custody in Duval County, according to jail records. He awaits a new trial -- with a hearing possibly next week.
New4Jax reached out to JSO for comment, but have not heard back.