The Dan Markel Case: Is Katherine Magbanua Cutting A Deal?
It wouldn't exactly be shocking.
Katherine Magbanua (Broward County Sheriff’s Office)
A source of mine on the ground in Tallahassee alerted me to an interesting change in the criminal docket for Katherine Magbanua, the woman accused of acting as a conduit in the Dan Markel murder between the two alleged hitmen and whoever ordered Professor Markel’s murder.
When Katie Magbanua was arrested earlier this month in connection with the crime, she was charged with first-degree murder. You can see “Murder-1st Degree” at the top of the complaint and arrest warrant for her. News reporting at the time, by outlets including the Sun-Sentinel and ABC News, also noted the first-degree charge. First-degree murder is also what her online docket showed as her charge as of last week, according to my tipster.
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But if you look at her docket today, you’ll see this (click to enlarge):
(Note: the mention of an October 4 file date refers to when the file was opened, not the most recent activity. If it referred to the most recent activity, then it would at least have shown October 11, the date of Magbanua’s bail hearing.)
So at some point between last week and today, Katherine Magbanua’s exposure got downgraded from first-degree to second-degree murder. What might this mean?
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One possibility: Magbanua has entered into a plea agreement and is cooperating with the police. This would not be shocking.
One of the two alleged hitmen, Luis Rivera, pleaded guilty — also to second-degree murder, also after initially being charged with first-degree murder. And recall that Rivera is a hardened criminal and Latin Kings gang member with a long rap sheet. Magbanua is a mother of two with no criminal record, and she appeared nervous at her bond hearing. She must be terrified right now and worried about whether she’ll ever see her children again — and probably eager to tell law enforcement what she knows.
If Magbanua in fact served as the middleperson in the Dan Markel murder, as alleged by the police, then the person or people who actually ordered the hit should be running scared right now.
UPDATE (9:15 p.m.): Christopher DeCoste, who together with Tara Kawass represents Katherine Magbanua, contacted us to deny that his client is working with the government:
Katherine is not entering into any agreement with the government; she’s innocent. Today’s filing could be a defensive move by the government. A Florida prosecutor can file an information (charging document) for all crimes except capital offenses, which require a Grand Jury indictment, but they are not always in session. Had they not filed something today, the 21st day, the Defense could move for an Adversary Preliminary Hearing, which turns into a mini-trial and can result in an outright release. Maybe the government was fearful that they would not win that hearing. What truly “would not be shocking” is if they did parade their facts before the Grand Jury and the response was no true bill. Remember, on October 6 Assistant State Attorney Cappleman admitted there was insufficient evidence to move forward against Katherine. What this means is their entire case rests on the unreliable word of a convicted gangster. No way a reasonable person would believe a single word coming from that thug’s mouth.
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If Magbanua is not cooperating, then the search for answers in this case could take quite a bit longer. But defendants can always change their minds; Luis Rivera’s lawyer denied his client was cooperating after 20/20 reported that he was, but in the end, Rivera cut a deal.
UPDATE (10/25/2016, 12:30 p.m.): The full docket, reflecting the change in charge made yesterday, is available here.
Earlier: The Dan Markel Case: Katherine Magbanua Arrested And Charged With Murder
David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.
