IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY

CIRCUIT CRIMINAL DIVISION

In Re: The Matter of State Attorneys Office

Investigative Subpoena Issued to Howell
Donaldson, Jr. on December 4, 2017

Division O

MOTION FOR ORDER TO SHOW CAUSE WHY HOWELL DONALDSON, JR.,

SHOULD NOT BE HELD IN CONTEMPT OF COURT

COMES NOW, ANDREW H. WARREN, STATE ATTORNEY OF THE THIRTEENTH JUDICIAL

CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, by and through the undersigned

Assistant State Attorney, and pursuant to Florida Rule of Criminal Procedure

3.840, moves this Honorable Court to Issue an Order to Show Cause why Howell

Donaldson, Jr., should not be held in indirect criminal contempt of court, and

in support thereof states as follows:

1) On December 4, 2017, pursuant to the authority of Florida

Statutes 27.04 and 27.181 an investigative subpoena was personally served upon

Howell Donaldson Jr., directing him to appear at the Office of the State

Attorney and provide truthful testimony at 2 p.m., on December 5, 2017. (A

copy of the subpoena is attached hereto as Exhibit A.)

2) Shortly after 2 p.m., on December 5, 2017, Howell Donaldson Jr.,

appeared at the Office of the State Attorney accompanied by his attorneys,

Ralph Fernandez, Esq., and A.J. Alvarez, Esq. He was placed under oath by an

official court reporter. The undersigned Assistant State Attorney explained to

Mr. Donaldson that the subpoena issued to him conferred upon him use and

derivative use immunity by operation of statute. It was further explained to

Mr. Donaldson that, as a result of the immunity granted to him by operation of

Florida Law, he did not have a constitutional right against self-incrimination

and did not have the right to refuse to answer questions posed to him by the
undersigned Assistant State Attorney.

3) In response to questions posed by the undersigned Assistant State

Attorney, Howell Donaldson Jr., stated his name, address and date of birth as

well as the names and birth dates of his wife and children. Thereafter, Mr.

Donaldson refused to answer any question related to the investigation of the

involvement of his son, Howell Emanuel Donaldson III, in the deaths of

Benjamin Mitchell, Monica Hoffa, Anthony Naiboa and Ronald Felton, and refused

to answer any questions related to his sons background, developmental

history, mode of transportation, gun possession and ownership, and state of

mind. In refusing to answer, Mr. Donaldson did not invoke any statutory

privilege or any privilege derived from the Florida or United States

Constitution. (A copy of the sworn statement of Howell Emanuel Donaldson, Jr.,

is attached hereto as Exhibit B.)

4) Mr. Donaldsons refusal to testify in the above-described

proceeding, despite having received a court- authorized subpoena, constitutes

indirect criminal contempt of this Honorable Court.

Accordingly, the State of Florida respectfully moves this Honorable

Court to issue an Order to Show Cause to Howell Donaldson, Jr., directing him

to appear and answer why he should not be held in indirect criminal contempt

of court for willfully refusing to comply with a lawful, court-authorized

subpoena.

I HEREBY CERTIFY that the foregoing MOTION FOR ORDER TO SHOW CAUSE

WHY HOWELL DONALDSON, JR., SHOULD NOT BE HELD IN CONTEMPT OF COURT

has been furnished to Ralph Fernandez, Esquire, 109 S. Moody Ave, Tampa, FL
33609, via E-mail RALPH@REFERNANDEZLAW.COM, this __6th___ day of

December, 2017.

Respectfully submitted,

ANDREW H. WARREN
STATE ATTORNEY

/S/JAY PRUNER
MailProcessingStaff@SAO13th.com
JAY PRUNER
ASSISTANT STATE ATTORNEY
FLORIDA BAR# 0559415
STATE ATTORNEY'S OFFICE
419 N. PIERCE ST.
TAMPA, FL 33602-4022
(813) 272-5400

JP/als