A Brevard County jury took less than half an hour to convict 32-year-old Daniel K. Diemer of second-degree murder after prosecutors played a cell phone video that captured the fatal shooting of his brother-in-law.
The verdict capped a six-day trial over the December 2019 killing of 45-year-old Kyle Zepeda, who had gone to check on Diemer during a disturbance at a garage apartment. Sentencing has not yet been scheduled.
Phone video at the center of the trial
A short phone recording shot inside the garage apartment became the star witness in the courtroom. Prosecutors introduced a clip that, according to Space Coast Daily, shows Diemer meet his unarmed brother-in-law at a doorway, grab a handgun from a table, point it at Zepeda’s head, and pull the trigger.
The video reportedly captures Diemer glancing at Zepeda as his sister screams, then closing the door after the shot.
Neighbor held the suspect until deputies arrived
A neighbor who heard the gunfire did not wait for deputies. He confronted Diemer outside the house and held him at gunpoint until Brevard County deputies arrived, West Orlando News reports.
Diemer later told the neighbor he shot Zepeda “because he didn’t like him,” according to prosecutors, who also pointed to family disputes over living arrangements as part of the motive they laid out for the jury.
How the case reached trial
The shooting happened in December 2019 at a garage apartment on Camberly Street in Port St. John, the Brevard County Sheriff’s Office told reporters when Diemer was arrested, according to ClickOrlando.
Before the case could go to trial, Circuit Judge Steve Henderson ordered a mental health evaluation and later found Diemer competent to stand trial. The six-day proceeding ended with the guilty verdict on Feb. 11, and Henderson set a status hearing for Feb. 26, Space Coast Daily says.
What comes next
Prosecutor Samantha Barrett, who tried the case, said she was “grateful to the jury for following the oath they took to uphold the law and glad that Mr. Zepeda’s family received justice,” West Orlando News reports.
With sentencing still pending, the court will set a date for disposition at a later hearing.
