Mark Sievers, Jimmy Rodgers indicted on 1st-degree murder charges
SERIES: The murder of Dr. Teresa Sievers
A Lee County grand jury indicted Mark Sievers and Jimmy Rodgers on first-degree murder charges Wednesday in the June 2015 killing of Sievers’ wife, Teresa.
The indictments, announced at about 7 p.m., mean Sievers and Rodgers now face two possible sentences if they’re convicted by a jury: life in prison, or the death penalty. Prosecutors are not commenting on whether they will seek the death penalty or have made a decision on it, State Attorney’s Office spokeswoman Samantha Syoen said.
Under Florida law, prosecutors had to seek a grand jury indictment to elevate the charges against Sievers and Rodgers from their original charges of second-degree murder to their new first-degree murder charges. A second-degree murder charge carries a possible sentence of life in prison, but unlike first-degree murder, that sentence is not required.
Sievers, Rodgers officially charged with murder by state attorney
Sievers' lawyer, Antonio Faga, said Thursday morning that he hasn't received any indication as to whether prosecutors will seek the death penalty. But Faga added that he wouldn't be surprised to see prosecutors go that route.
"We are going to meet with Mark over the weekend to see what he wants to do now that they've upped the ante again," Faga said. "It certainly puts Mark in a different position."
Local Public Defender Kathleen Smith, whose office is representing Rodgers, said she had no comment on the indictment Thursday morning.
Sievers is accused of coordinating with his lifelong friend, Curtis Wayne Wright Jr., to have his 46-year-old wife killed at the couple’s home. Investigators said Wright and Rodgers traveled from their home state of Missouri to carry out the killing.
Wright pleaded guilty in February to a second-degree murder charge and agreed to cooperate with prosecutors in exchange for a 25-year prison sentence. Wright told deputies that Sievers offered to pay him money from life insurance policies in exchange for killing his wife, the lead case investigator testified at a hearing last month. That investigator, Lee County sheriff’s Sgt. Michael Downs, said the $4.43 million worth of life insurance policies taken out on Teresa Sievers “was the motivation” for the homicide.
The indictments come as little surprise given the documents released by prosecutors and statements made by investigators.
To get a first-degree murder conviction, prosecutors must show the homicide was premeditated, or that it was committed during another of several listed felony crimes, known as the felony murder rule. Both Sievers and Rodgers are charged with conspiracy to commit murder, and Rodgers is charged with burglary, one of the listed felony murder crimes.
By getting a first-degree murder indictment, the case does become more difficult for prosecutors in one way: Florida requires 12 jurors in a first-degree murder case, as opposed to six jurors in a second-degree murder trial. Also, if prosecutors seek the death penalty, the jury pool would be narrowed -- potential jurors who oppose capital punishment on moral grounds would be excused -- and the appeals process, should it reach that point, would be significantly more costly and time-consuming.
Sievers and Rodgers remain in jail as they await trial. They are scheduled for arraignment on their new charges on May 9. A State Attorney's Office news release said the court has ordered them to be held with no bond.
Sievers previously had bonds set totaling $4.43 million, equal to the amount of the life insurance policies. Rodgers has previously been held on no bond.
Last week, Sievers filed court documents claiming that he can't afford the services of Faga, the private attorney representing him. On Thursday, Faga said he's still representing Sievers, and that he plans to ask the state judicial system to help fund the defense.
Whether Faga's office stays on the case is Sievers' decision, Faga said.
"I felt we've had a good relationship with him," Faga said. "It's really just a matter of whether he thinks we're able to do this at this point."
Timeline
June 28: Dr. Teresa Sievers bludgeoned to death in her Bonita Springs home after flying back from a family gathering in Connecticut.
June 29: Teresa Sievers' body is found in her home after she didn't show up for work.
July 6: Hundreds of friends, family and former patients pack United Church in Naples to celebrate her life.
July 9: Lee detectives get a tip when a person in Illinois said she might have some information about the crime.
July 10: The investigators fly to Missouri to interview the witness. Her information leads them to Curtis Wayne Wright and Jimmy Rodgers as suspects.
Sept. 2: A Missouri judge rules that Rodgers was guilty of breaking the terms of his 2011 guilty plea to unlawful possession of a firearm by a felon when he came to Florida to kill Sievers.
Aug. 25: Rodgers arrested on a warrant by Washington County (Missouri) Sheriff’s Office.
Aug. 27: Wright arrested in Hillsboro, Missouri.
Oct. 15: Wright booked into Lee County Jail.
Nov. 16: Wright charged with the murder of Teresa Sievers.
Dec. 1: The state attorney's office releases documents that implicate Mark Sievers in the slaying of his wife.
Dec. 7: A judge denies a Department of Children and Families emergency sheltering petition and ruled Mark Sievers retain custody of his two daughters despite documents linking him to his wife's killing being public.
Feb. 22: Jimmy Ray Rodgers is booked into Lee County Jail.
Feb. 26: Mark Sievers is arrested after Wright accepts a 25-year plea deal.