Published on Wednesday, February 7, 2007
in the Highlands Today

Murder Indictment Begins Long Legal Process

SEBRING - The grand jury indictment was just handed down in last month's shooting death of a Florida Highway Patrol officer, but state attorneys said it's only the beginning of a "long, drawn-out process."

Assistant State Attorney Steve Houchin said Tuesday that Joshua Lee Altersberger, 19, Sebring, next faces a Feb. 28 arraignment in court where he’ll be asked to enter a plea of guilty or not guilty.

Altersberger is charged with first-degree murder in the death of FHP Sgt. Nicholas Sottile and possession of a firearm after previously being convicted of a juvenile offense.

Anyone convicted of a criminal offense while a juvenile isn’t legally allowed to own a firearm until they are 24 years old.

Houchin predicted Altersberger and his public defense attorneys would enter a plea of not guilty. He said that will likely be followed by a lengthy discovery process in which Altersberger’s defense attorneys will ask for witness lists and lab reports from state attorneys.

Any possible trial won’t be set until long after that, Houchin said. He also said any possible trial is at least two years away.

Houchin said he’s only days away from formally filing paperwork seeking the death penalty against Altersberger.

“At this point we’re assuming it will be in Highlands County,” Houchin said, although he previously said defense attorneys may seek a change of venue.

Any change of venue could mean Altersberger’s trial will be held in Tampa, Orlando or even Miami.

Stetson University law professor Robert Batey of St. Petersburg said evidence of Altersberger’s crimes as a juvenile most likely won’t be introduced at his upcoming murder trial.

“It might be considered at his sentencing, however. And if the defendant chose to testify on his own he may open himself up to being asked about his past, but only in very limited circumstances if he’s a juvenile,” Batey said.

Kinder’s Future

The only possible witness in the shooting is being held without bond at the Highlands County Jail and so far isn’t being given immunity in exchange for his testimony, Houchin said.

FHP officers said Sottile was shot and killed after stopping Altersberger, who was driving northbound along U.S. 27. The FHP report said Altersberger’s passenger, Quintin Jerome Kinder, 21, fled into a nearby orange grove shortly after the shooting.

Kinder is a Georgia resident and was later arrested on misdemeanor charges of illegal trespass of an orange grove after surrendering without incident.

Kinder is scheduled to face arraignment on those charges Wednesday morning in misdemeanor court.

Houchin said Kinder has been cooperating with state attorneys so far, and was even given a court-appointed attorney recently, Derek Christian.

“He was cooperative from the moment he walked out of the orange grove,” Houchin said.

“Even if the misdemeanor charges against him were dropped, we still have violation of probation charges from the state of Georgia to hold him on. And when we’re finished with him, he’s going back to Georgia,” Houchin said.