Court Of Appeals Upholds Conviction Of Courtnee Brantley For Misprision Crime Committed Following Police Murders

Tampa, FL - United States Attorney A. Lee Bentley, III announces that the United States Court of Appeals for the Eleventh Circuit today affirmed the conviction of Courtnee Brantley of Tampa for misprision of a felony, a crime she committed in the immediate aftermath of her boyfriend Dontae Morris’s murder of Tampa police officers David Curtis and Jeffrey Kocab.

In January 2013, a federal jury in Tampa found Brantley guilty of misprision of a federal felony: Morris’s possession of a firearm by a convicted felon. (A person commits misprision when she knows that someone committed a felony, she fails to notify the authorities about it, and she takes affirmative steps to conceal the felony.) The jury found that Brantley had known that Morris was a convicted felon and that he had possessed the gun that night, that she had not reported the crime to authorities, and that she had taken affirmative steps to conceal Morris’s possession of the firearm from authorities. The evidence at trial showed that Brantley had left the scene immediately after the shootings, had almost immediately begun texting with Morris and pledging her loyalty to him, and had parked her car—backed up against some bushes to conceal the car’s missing license plate—several hundred feet from where she was staying. The district court sentenced her to a year and a day of imprisonment, but allowed her to remain free on bond until the appeal was decided.

On appeal, Brantley argued that she was the victim of selective prosecution, that her prosecution violated her Fifth Amendment rights, and that the evidence was insufficient to support the jury’s guilty verdict. The Court of Appeals rejected all of those arguments. The Court ruled that Brantley had not shown that the decision to prosecute her was based on race or any other arbitrary reason, and the Court further recognized that her prosecution legitimately “publicized the fact that those who conceal evidence about the capital murder of a police officer will be prosecuted and that fact, without question, could have a deterrent effect on others.” The Court also rejected her Fifth Amendment challenge, explaining that “she was not prosecuted for her silence. Rather, she was prosecuted because she knowingly participated in affirmative acts of concealment of Morris’s crime—i.e., (1) hiding herself and the car and (2) calling and texting Morris in an effort to conceal his crime.” Finally, the Court held that the evidence—including Brantley’s text messages and cellphone calls with Morris immediately following the shootings and her decision to conceal the car and herself— provided “sufficient evidence of [her] affirmative acts of concealment to support the jury’s guilty verdict.”

This case was prosecuted in the district court by Assistant United States Attorney Jim Preston. The appeal was handled by Assistant United States Attorney David Rhodes, Chief of the Appellate Division, and Assistant United States Attorney Yvette Rhodes.    

Link to 11th Circuit Opinion