FL. v Andre Warner: Dating App Murder Trial

Posted at 12:00 PM, October 19, 2020 and last updated 4:16 PM, July 21, 2023

POLK COUNTY, Fla. (Court TV) — A Florida judge sentenced Andre Warner to life in prison without the possibility of parole but spared him a death sentence for the execution-style murder of a single father.

Andre Warner Booking Photo

Andre Warner Booking Photo/Polk County Sheriff’s Office

Warner was convicted of first-degree murder, conspiracy to commit robbery and robbery with a deadly weapon in the death of Adam Hilarie, 27.  Warner was charged alongside three other suspects, including 18-year-old Hailey Bustos.

Hilarie had been out on a date with Bustos on Aug. 18, 2016, after the two had met on the dating app PlentyOfFish. The couple spent a night bowling and hanging out at Hilarie’s place before he took Bustos home. That night, she reportedly texted him, “I had a good time and would like to see you again,” all while conspiring with Warner and two others to rob the young father.

The next night, prosecutors said Bustos arrived at Hilarie’s home with Warner, Gary Gray and Joshua Ellington. As the three carried out the robbery, Hilarie was shot in the head. According to arrest reports, Hilarie was “begging for his life” and “telling them he had a five-year-old daughter.” At trial, prosecutors said that Warner pulled the trigger.

Bustos allegedly told police she was paid $50 to set up the robbery, but denied knowing that Hilarie would be killed. All four suspects faced the same charges, with Warner heading to trial first.

DAILY TRIAL HIGHLIGHTS

DAY 8 – 3/27/20

  • Judge Jalal Harb granted the defense’s motion to dismiss the jury panel from Warner’s trial and select a new jury panel for the penalty phase.
    • Judge Harb announced that he excused Juror #1217256 from the penalty phase after the juror expressed employment concerns. The juror works at Aldi Supermarket and there was discussion of him returning to work during the trial.
    • A second Juror, Juror #1214324 contacted the judge after reading on Facebook that the Warner trial was canceled. The judge told the juror that the information was incorrect.
  • The jurors were told they would no longer be needed for the penalty phase in Warner’s case.
  • MORE: Andre Warner faces potential death sentence for murder of single dad

DAY 7 – 3/18/20

DAY 6 – 3/17/20

  • The jury hears a recorded call between Andre Warner and his grandfather. The defendant became emotional twice over references to his now-deceased grandfather.
  • The state rests its case-in-chief.
  • A DNA expert called by Warner’s defense said the DNA on the shell casing found at the crime scene was NOT a match for Warner, despite an expert for the prosecution testifying that the casing had an uninterpretable amount of DNA.
  • The judge banned spectators, including the victim and the defendant’s families, from being in the courtroom.
  • The medical examiner described how a bullet pierced Adam Hilarie’s head from behidn and exited through his cheek, and said the victim did not die immediately.

DAY 5 – 3/16/20

  • A juror told the judge that he is a manager at a grocery store and fears that his supervisors will ask for his jury service to be “recalled” so he can address mounting COVID-19 concerns. His service continues for now.
  • Text messages from Andre Warner’s phone are suppressed, including one from a friend asking Warner for a car and a gun two days after the murder.
  • Adam Hilarie’s ex-girlfriend shared heartfelt moments from Hilarie’s life through stories about his stolen hats.

DAY 4 – 3/13/20

  • Judge Harb decides for Warner’s trial to continue, despite COVID-19 halting trials across the state of Florida.
  • A cell phone expert placed Andre Warner’s phone in the vicinity of the victim’s home on the night of the murder.
  • Denzel Raikowski, who was romantically involved with Hailey Bustos around the time of the incident, testifies he saw Bustos, Warner and the remaining codefendants all leave together and then return the night of the murder.

DAY 3 – 3/12/20

  • Hailey Bustos takes the stand, telling the defense attorney emphatically, “I really don’t care if I spend the rest of my life in prison, as long as he’s behind bars too.”
    • Bustos’ mother and Adam Hilarie’s mother shared an embrace in the gallery following Bustos’ testimony.
  • Hilarie’s best friend, Chris Rogers, broke down and was unable to respond when shown the bloody gym shorts the victim was wearing the day he died.
  • The judge admonishes Ducharme and Norgard for their antics during arguments outside the presence of the jury. Tells them it has no place in his courtroom after Ducharme says, “That is ridiculous,” about Norgard.

DAY 2 – 3/11/20

  • The jury sees photos showing the bloody crime scene and Adam Hilarie’s lifeless body.
  • Joshua Ellington testified that he was not promised any deal in exchange for pointing the finger at Andre Warner.
  • An alternate juror was involved in a car accident after the first day of trial, leaving the jury panel of 12 plus two alternates.
  • Defense attorney Bob Norgard lets his frustrations flare at some late hour filings from the state that Norgard called discovery violations.

DAY 1 – 3/10/20

  • Both sides delivered opening statements.
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