IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

STATE OF FLORIDA, Case No. F20-3684

Plaintiff, Section No. F070

vs. Judge JOSE FERNANDEZ

JONATHAN REYES,

Defendant.

STATUS ON COURT’S ORDER GRANTING STATE’S MOTION TO COMPEL

McDONALD’S RESTAURANTS OF FLORIDA, INC. (hereinafter “McDONALD’S”) TO
COMPLY WITH SUBPOENA DUCES TECUM COMPELLING THE PRODUCTION
OF VIDEO SURVEILLANCE EVIDENCE OF THE INSTANT CRIMES

COMES NOW KATHERINE FERNANDEZ RUNDLE, State Attorney of the Eleventh

Judicial Circuit of Florida, by and through the undersigned Assistant State Attorneys, and moves this
Honorable Court to order McDonald’s to respond in writing as to the circumstances surrounding the
present inability of McDonald’s and McDonald’s Counsel to fully comply with this Court’s Order of
October 20, 2020. In support thereof, the State of Florida sets forth the following:

1. On October 20, 2020, this Court granted the State’s Motion to Compel and Ordered
McDonald’s to comply with a Subpoena Duces Tecum for “Any and All CCTV footage from
2/27/2020 between the hours of 10AM to 2 PM.” That video, reviewed by Hialeah Robbery
Detectives on the date of the crime, reflected four significant camera angles depicting the
defendant and the victim leading up to the attack and portions of the attack, until the defendant
fled in the victim’s stolen vehicle. Prosecutors and detectives provided specific descriptions
of each camera angle to McDonald’s on more than one occasion, beginning from the day after
the attack.
2. The cameras needed were described in emails to McDonald’s Manager, McDonald’s Field
Security Officer and Counsel for McDonald’s, as follows: East parking lot (facing south
towards 49th Street); Drive thru Camera facing north; Inside Camera facing east side main
entrance; Inside camera behind cash register facing the service counter.
3. While McDonald’s has provided the first three videos requested by the State, the fourth
significant camera view has not been provided. McDonald’s has verbally advised the
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 undersigned that one of the main camera angles requested to be produced (and preserved) 7
months ago - the direct frontal view of the Defendant standing at the McDonald’s customer
service counter captured by a camera located behind the cashier - is no longer available. This
occurred despite the outstanding subpoena and email assurances from McDonald’s employees
to prosecutors and detectives that the specific subpoenaed video evidence would be preserved
and provided to the State as required by law. According to McDonald’s, this was an oversight
and an alternate fourth video view was erroneously provided in its place.
4. To protect the record in this prosecution and to ensure that this Court and Counsel for the
Defendant are fully aware of what has occurred, the State of Florida hereby requests that this
Court order McDonald’s to respond in writing as to the circumstances surrounding the present
inability of McDonald’s to fully comply with this Court’s Order.
WHEREFORE, based upon the forgoing, the State of Florida requests that this Honorable
Court to order McDonald’s to respond in writing as to the circumstances surrounding the inability
of McDonald’s and McDonald’s Counsel to fully comply with this Court’s Order of October 20,
2020.

Respectfully submitted,

KATHERINE FERNANDEZ RUNDLE

STATE ATTORNEY

By:____________________________
/s/CHRISTINE E. ZAHRALBAN
Assistant State Attorney
Chief of Legal Unit
Florida Bar 12280
E.R. Graham Building
1350 N.W. 12th Avenue
Miami, Florida 33136-2111
(305) 547-0100
FelonyService@MiamiSAO.com

/s/Latravious Johnson
_____________________________
/s/LATRAVIOUS JOHNSON
Assistant State Attorney

CERTIFICATE OF SERVICE
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 I HEREBY CERTIFY that a true and exact copy of the above was furnished to defense
counsel Constantine Nickas and Jeffrey Goodman at Wicker, Smith, O’Hare, McCoy, and Ford,
P.A., by email to miacrtpleadings@wickersmith.com, JGoodman@WickerSmith.com and Public
Defender Zachary Rosenberg at ZRosenberg@pdmiami.com on this 19th day of October, 2020.

_____________________________
/s/Latravious Johnson
/s//s/LATRAVIOUS JOHNSON
Assistant State Attorney

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