Florida Criminal Attorneys Blog

Over the objections of prosecutors, Judge J. Michael Hunter set bail at $300,000 in the complex murder, kidnapping case in which Stobert "Toby" Holt is accused of being responsible for the disappearance of Robert Wiles.  Judge Hunter characterized the case against Holt as an "extremely strong circumstantial case."  Holt, of Cocoa Beach, Florida faces charges of first degree murder, kidnapping, extortion, and writing threats to kill or do bodily harm.

The prosecutors in the case had argued that bail be denied entirely.  However, Judge Hunter said to deny bail the evidence must show "proof of guilt is evident and presumption is great" - an even higher standard than "beyond a reasonable doubt."  Prosecutors also requested that if Holt intends to post bail that a hearing be conducted to determine the source of the funds.  The judge also set other conditions on Holt's release including an ankle monitoring device, forfeiture of his passport and firearms and remaining in his home except for employment, attending medical appointments and meeting with his attorneys.

In their attempt to have bail denied, Prosecutors previewed their evidence in support of a conviction.  Prosecutors initially set out to establish that Wiles, who has been missing since April 1, 2008, is dead.  The prosecutors offered evidence that Wiles has had no financial activity or contact with family and friend and that he left behind his personal items including his passport.  Holt was the last person known to have seen Wiles alive before he left work at 6 or 6:30 p.m.

Holt claimed that after leaving National Flight Services, at Lakeland Linder Regional Airport on the day of Wiles disappearance, he went to Hooters on South Florida Avenue.  Wile's family owns National Flight Services where Holt and Wiles both worked.  However, surveillance video did not show Holt entering or leaving Hooters.  Holt indicated he then ate dinner at Outback Steakhouse and paid by credit card but no financial record has been found to support this claim.

Holt's cell records show he called Home Depot shortly before it closed at 9:00 p.m.  Prosecutors contend that Holt called to verify that the store was still open so he could purchase items he needed to dispose of the body including a box of plastic wrap and duct tape.  The store records show someone purchased these items for cash but again Holt did not appear on surveillance footage.

Someone sent an email to Wiles father demanding $750,000 on April 2, 2008 using Wile's cell phone.  The email instructed that the ransom be placed inside Wile's office which was adjacent to Holt's office.  Prosecutors suggested this was strange because the building had a security system.

Cell phone records indicated that someone was calling Wile's father that night from Wile's cell phone.  There is video footage from a toll station where it appears that Holt is talking on a cell phone but his cell records do not show his phone was being used at the time.  Cell records also showed that both Holt and Wile's cell phones were using cell towers on nearly the same path that night.

Holt also told police he did not have any weapons in his vehicle.  However, police later found a .40 caliber Sig Sauer handgun under the hood of the car.  Evidence was also introduced that Holt spent $200 at a gun store in an attempt to change the characteristics of the gun barrel.